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2011 Supreme(Guj) 473

RAJESH H.SHUKLA
R. N. Patel Estate Developers Pvt Ltd – Appellant
Versus
Cadila Lab Pvt Ltd – Respondent


Advocates appeared:
Mihir Joshi, Nikunt K. Raval, Lalit K. Babulkar, S.N. Soparkar, Atit D. Thakore

JUDGMENT

1. THE present Appeal from Order has been filed by the appellants-original plaintiffs for the prayer that the order passed by the learned City Civil Judge, City Civil Court, Ahmedabad, below Exh. 6/7 dated 19.7.2011 may be quashed and set aside and the injunction as prayed for may be granted on the grounds set out in the Memo of the Appeal, inter alia, that the order passed by the learned Judge suffers from improper reading of sec. 14(1)(c) and sec. 41(e) of the Specific Relief Act. It is also contended that the learned Judge has erred in reading and construing the provisions of the agreement of contract, particularly clause-18 of the agreement to sell/banakhat.

2. LEARNED Sr. Counsel Shri Mihir Joshi appearing with learned advocate Mr. N.K. Raval for the appellants referred to the agreement to sell/banakhat which is produced at page 20 of the paper-book and pointedly referred to clause 18 thereof and submitted that the time was not the essence of contract. Learned Sr. Counsel Shri Mihir Joshi, therefore, submitted that the court is required to consider whether the time is essence of the contract. He also submitted that if the time is not of essence of the contract as coul






























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