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2016 Supreme(Online)(Bom) 13

BOMBAY HIGH COURT
Roshan Dalvi, J.
Pius Varghese Pullikottil and Another v. Neptune Ventures and Developers Pvt. Ltd. and Others


1. The plaintiff has sued upon an agreement of flat purchase. The plaintiff has paid certain installments for the flat. The defendant Nos. 1 to 4 are stated to have unilaterally increased the price of the suit flat, which the plaintiff has not accepted. The plaintiff claims specific performance of the initial agreement between the parties which is acted upon by both the parties. The defendant Nos.1 to 4 have allotted the suit flat to defendant Nos. 5 and 6 upon yet higher amount of the total consideration, but upon payment of a very paltry amount by defendant Nos. 5 and 6. The plaintiff claims the act of the defendant Nos. 1 to 4 to be fraudulent and has sued for specific performance of the contract and applied for the relief of the appointment of Court Receiver and the usual injunctions in the notice of motion.

2. The plaintiff has filled up a booking form on 27th April, 2009, Exhibit - C to the plaint, for purchase of the suit flat No. 504 in B - wing of the suit building directly with the defendant and showing that he would take a bank loan.

3. The agreement between the plaintiff and defendant Nos. 1 to 4 is admittedly dated 23rd June, 2009, Exhibit - G to the plaint.

4. There is a




































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