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2023 Supreme(Cal) 1059

ARINDAM MUKHERJEE
Lotus Homes Limited – Appellant
Versus
Concept Apartments Private Limited – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Mainak Bose, Mr. Ranjit Kumar Basu, Mr. Rishabh Karnani, Mr. Shayak Mitra.
For the Defendants : Mr. Abhrajit Mitra, Mr. Sarvapriya Mukherjee.

JUDGMENT :

(Arindam Mukherjee, J.) :

Three applications have been filed in the suit. The first application in order of time is the plaintiff’s injunction application being IA No. GA 1 of 2022. IA No.GA 2 of 2022 is defendants’ application for vacating the order of injunction passed in the plaintiff’s application. The third application being IA No.GA No.3 of 2022 is defendants’ application for rejection of plaint. This application by the defendant nos. 1 and 3 inter alia for rejection of plaint and in the alternative for return of the plaint to the appropriate court is taken up first as the decision in the same will have a significant impact on the other two applications. These two applications will be dealt in the later part of this judgment. A fourth application of 2023 has been filed by the plaintiff subsequent to the hearing of the three applications inter alia for amendment of the plaint due to developments post hearing.

In the suit the plaintiff, a company within the meaning of the Companies Act, 2013 has claimed the following relief(s):

    “a) Declaration that the purported Deed of Conveyance dated 31st may, 2022 is invalid, ineffective, not binding upon the parties, of no effec

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