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2024 Supreme(Bom) 490

D. K. UPADHYAYA, ARIF S. DOCTOR
Bhavsar Construction Co. Pvt. Ltd. – Appellant
Versus
Oyster Shipmanagement Private Limited – Respondent


Advocates appeared:
Mr. Aspi Chinoy, Senior Advocate with Mr. Hitesh Vyas, Mr. Girish Paryani, Mr. S. Mukti, Mr. Vaibhav Kamble, Mr. Gulam Khan i/by A and G Legal Associates LLP for the Appellant; Mr. Ashish Kamat, Senior Advocate, Mr. Shanay Shah, Mr. Kiran Jain, Ms. Neha Raut i/by Kiran Jain & Company, Mr. Harsh Dedhia a/w Mr. Rajendra Vaingankar i/by Mr. Kumarswamy, Mr. Sharan Jagtiani, Senior Advocate, Mr. Rohan Sawant, Mr. Rajan Yadav, Ms. Aarti Nishad i/by Rajan Yadav, for the Respondent.

JUDGMENT

Arif S. Doctor, J. - The present Appeal impugns an order dated 22nd February 2024, by which the Learned Judge has disposed of the captioned Suit, i.e., Suit No.134 of 2009 ('the said Suit') in terms of Consent Terms dated 13th February 2024 ('the said Consent Terms'), entered into between Respondent Nos.1 to 35 on the one hand and Respondent Nos.40 to 44 on the other hand. Respondent Nos.1 to 35 are the Plaintiffs in the said Suit and are hereinafter referred to as the Respondent/Plaintiffs and Respondent Nos.40 to 44 who are Defendant Nos.8 to 11 to the said Suit and are hereinafter referred to as the Respondent/Developers. The Appellants are Defendant Nos.1 to 3 to the captioned Suit.

2. The said Suit has been filed by Respondent/Plaintiffs inter alia seeking a declaration that they are the purchasers of certain units in a proposed commercial building complex known as 'Sharda Complex', to be built on land bearing Survey No.41-part (1)(B), CTS No.444, 444/1, 444/2 and 445 situated at Swami Vivekanand Road, Village Oshiwara, Jogeshwari, Mumbai 400 102 ('the said plot'). The Respondent/Plaintiffs have based their claim inter alia on certain Letters of Allotment ('LOAs') issue

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