Arun P. Goradia vs Manish Jaisukhalal Shah & Ors.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ROSHAN DALVI
Arun P. Goradia – Appellant
Versus
Manish Jaisukhalal Shah & Ors. – Respondent

Advocates appeared:
Mr. Nitin Deshpande i/b. Indrayani Koparkar for the Plaintiff
Mr. P.K.Samdani with Mr. Snehal Shah with Mr. G.B. Kedia for Defendants 1 and 2

Table of Content
1. specific performance of mou requested. (Para 1 , 2 , 3)
2. dispute over terms and formalities of mou. (Para 4 , 5 , 6 , 7)
3. assessment of enforceability of the mou. (Para 15 , 20 , 34)

ORAL ORDER:

1. The Plaintiff has essentially sued for specific performance of an Agreement/MOU executed by and between the Plaintiff and Defendants on 8th May, 2004, Exhibit-Q to the plaint. The Defendants have claimed that the said agreement has been terminated by their notice dated 10th August, 2005. The Plaintiff has sought a declaration that the notice of termination is without authority of law.

2. The Plaintiff has prayed for an injunction restraining the Defendants from creating any 3rd party rights in the suit property in the above Notice of Motion.

3. The Plaintiff claims to have been granted right, title and interest as a Developer of the suit plot of land. He claims to have purchased TDR in respect of the development pursuant to the Agreement/MOU entered into by him. He also claims to have been made a co-owner of the suit plot of land which has been transferred to him upon payment of consideration pursuant to the Agreement/MOU dated 8th May, 2004. He further claims to have ac

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IN THE HIGH COURT OF JUDICATURE AT BOMBAYROSHAN DALVIArun P. Goradia – AppellantVersusManish Jaisukhalal Shah & Ors. – Respondent

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ROSHAN DALVI
Arun P. Goradia – Appellant
Versus
Manish Jaisukhalal Shah & Ors. – Respondent