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2018 Supreme(Guj) 1084

PARESH UPADHYAY
Shreem Construction Pvt. Ltd. – Appellant
Versus
Tensile Steel Limited – Respondent


Advocates Appeared:
Shalin Mehta, Adv., Tattvam K Patel, Adv., S.N. Soparkar, Adv., Manav A Mehta & A B Munshi, Adv., D.K. Puj, Adv., Yatin Oza, Adv., Rajesh K Savjani, Adv.

JUDGMENT

Paresh Upadhyay, J.

These two Appeals arise from the common Order passed by the Principal Senior Civil Judge, Vadodara dated 04.05.2015 below application Exh.132 in Regular Civil Suit No.1294 of 2009 and application Exh. 116 in Special Civil Suit No. 370 of 2010.

2. Appeal from Order No.160 of 2015 is filed by the plaintiff of Special Civil Suit No.370 of 2010 and Appeal from Order No.109 of 2016 is filed by the plaintiff of Regular Civil Suit No.1294 of 2009.

3. The proceedings, which led to filing of these appeals, briefly stated are as under.

3.1 Tensile Steel Ltd. instituted Regular Civil Suit No.1294 of 2009 against Apoorva Dineshbhai Patel and another, principally challenging the power of attorney dated 20.04.2009 and an agreement to sell dated 18.06.2009, executed in favour of Shreem Construction Pvt Ltd., pursuant to the said power of attorney. In the said suit, the Trial Court had initially granted injunction (on application Exh.5) in favour of the said plaintiff vide order dated 24.05.2010.

3.2 Shreem Construction Pvt. Ltd. filed Special Civil Suit No.370 of 2010, principally praying for specific performance of the above referred agreement to sell dated 18.06.2009 in i


































































































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