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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO.1190 OF 2008

WITH

CIVIL APPLICATION NO.1448 OF 2008

Crystal Developers Pvt.Ltd.

....Appellant

V/s.

Badrivishal Co-Operative Housing .

Society Ltd. & Ors. ....Respondents

Mr.S.U. Kamdar, Senior Counsel i/b M/s.Purnanand &

Co. for the Appellant.

Mr.Rajesh S. Sharma with Mr.Sunil B. Jadhav for

Respondent Nos.1 and 15.

Ms.Akanksha Thakkar for Respondent Nos.6 to 11, 17 and

21.

CORAM : S.J. VAZIFDAR, J.

DATED : 21ST NOVEMBER, 2008.

P.C. :

1.

This Appeal from Order filed by the Plaintiff

against an order refusing an interim injunction is

without any merit. The Appellant has embarked on a

purely speculative litigation. Any order in its

favour would destroy the valuable rights of hundreds

of innocent and helpless members of the Respondent

societies, who belong to the lower middle class.

2.

Knowing that a suit for specific performance

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would be absolutely unsustainable for more than one

reason, including that there is not even a semblance

o