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1992 Supreme(Online)(Bom) 18

BOMBAY HIGH COURT
, J
Ramniklal Tulsidas Kotak and Others v. M/s. Varsha Builders and Others


Advocates:
For the Appellants/Petitioners:
For the Respondents: M/s. Pravin Mehta and Mithi and Co.

Table of Content
1. a certificate of title can be conditional but must disclose necessary information. (Para 1 , 28)
2. promoters must adhere strictly to statutory obligations when issue titles. (Para 5 , 18)
3. advocates have a duty to protect public interest and ensure titles are not doubtful. (Para 22 , 24)

1. By my order dated 30th July 1991, I have granted injunctions, inter alia, in respect of flats and shops in the building under construction on the suit land or any part thereof and also passed a conditional order for appointment of receiver in respect of the suit land and all the structures standing on the suit land or any part thereof. The defendant No. 1 is constructing 51 flats and several shops after amalgamation of the suit plot with two other plots. I had therefore thought it proper to direct the parties to file affidavits so as to identify the flats and shops covered by the abovereferred order dated 30th July 1991. After considering the affidavit of defendant No. 2 dated 5th August 1991 and affidavit of plaintiff No. l dated 8th August 1991 and the submissions of learned counsel for the plaintiffs and defendants Nos. 1 to 3, I pass this clarificatory order to the effect

































































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