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2013 Supreme(Online)(Bom) 21

BOMBAY HIGH COURT
S.C. Dharmadhikari, J
Gopi Gorwani v. Ideal Coop.Housing Society Ltd. and Others


Advocates:
For the Appellants/Petitioners: N/A
For the Respondents: N/A

1. By the above suit, the Plaintiff has sought a declaration that there is a subsisting lawful and binding contract between the Plaintiff and Defendant No. 1 for redevelopment of the building situated at Juhu Circle, Gulmohar Road, Juhu Scheme, Mumbai (“the suit property”), under the management of the Defendant No.1 and that the Plaintiff is entitled to specific performance of the said contract based on the Expression of Interest, being Exhibit C annexed to the Plaint. The Plaintiff has also sought an order and direction against Defendant No.1 through their Office bearers to execute a Development Agreement and pass appropriate Resolutions approving the revised plan (being Exhibit P to the Plaint) submitted by the Plaintiff to Defendant No.1 on 20th December 2010. In the alternative, the Plaintiff has sought damages in the sum of Rs. 15 crores as per particulars of claim, being Exhibit U to the Plaint.

2. The Plaintiff has also taken out the above Notice of Motion for appointment of a Court Receiver in respect of the suit property and for an injunction against the Defendants from initiating or continuing any fresh tender process to invite bids from other developers / builders, or gr









































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