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HARISH TANDON, PRASENJIT BISWAS
Deepak Mawandia – Appellant
Versus
Shree RSH Projects Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. jurisdiction and competence (Para 1) |
| 2. ex-parte ad interim order (Para 2) |
| 3. specific performance of agreement (Para 3) |
| 4. three golden parameters (Para 4 , 5) |
| 5. powers of the authority (Para 6) |
| 6. jurisdiction in relation to subject matter (Para 7) |
| 7. specific performance and rera (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 8. appeal allowed (Para 26 , 27 , 28) |
JUDGMENT :
HARISH TANDON, J.
1. The instant appeal raises an important issue striking at the jurisdiction and competence of the Civil Court in entertaining the dispute, the redressal whereof is provided in a Special Act, though not taken before it but discernible from the averments made in the plaint as well as the application for temporary injunction filed before the Civil Court. The point urged before us was neither put forth before the Trial Court nor argued at the behest of the plaintiff-respondent but is taken before us by the defendant/appellant, if found to be correct, would exclude the jurisdiction of the Civil Court in entertaining the suit having barred either expressly or by necessary implication.
2. The instant appeal is against an ex-parte ad interim or
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