SUKHWANT PROPERTIES PVT. LTD. Vs. DESERVE BULIDERS DEVLOPERS (KURLA) PVT. LTD. & ORS.
LAWS(BOM)-2017-3-42
HIGH COURT OF BOMBAY
Decided on March 02,2017

Sukhwant Properties Pvt. Ltd. Appellant
VERSUS
Deserve Buliders Devlopers (Kurla) Pvt. Ltd. And Ors. Respondents

JUDGEMENT

G.S. Patel, J. - (1.) I have heard Mr Dwarkadas for the Plaintiff, Mr Khandeparkar for the 1st Defendant, Mr Khambata and Mr Jeejeebhoy for the 2nd Defendant, and Mr Chinoy for the 3rd Defendant at some length in this Notice of Motion for two distinct restraint orders in a suit for specific performance. For the reasons that follow, I am not satisfied that a prima facie case is made out for the grant of relief. I have dismissed the Notice of Motion.
(2.) First, as to the array of parties. The Plaintiff is a private limited company. Defendant No. 1 ( "Deserve Builders ") is also a private limited company engaged in construction and development. The 2nd Defendant ( "Deserve Exim ") is Deserve Builders' holding company, although described as a sister concern, and is a partner with Wadhwa Group Holding Private Limited in Defendant No. 3 ( "the LLP "), a limited liability partnership.
(3.) The land in question is Survey No 178 at Kurla (West) in the Mumbai Suburban District. This is by all accounts a very large tract of land of about 3262.54 sq yards. Even when the Plaintiff acquired this land there were on it several structures and pre-existing reservations for public purposes.;


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