COURT COMMITTEE OF DIVYA VASUNDHARA FINANCIERS PRIVATE LIMITED Vs. KAMLAKAR NARAYAN SAMANT
LAWS(GJH)-1982-5-2
HIGH COURT OF GUJARAT
Decided on May 03,1982

COURT COMMITTEE OF DIVYA VASUNDHARA FINANCIERS PVT.LIMITED Appellant
VERSUS
KAMLAKAR NARAYAN SAMANT Respondents




JUDGEMENT

B.K.MEHTA - (1.)By a common order of 8/03/1982 in Company Application No. 104/81 with Company Application No. 198/81 and Company Application No. 232/80 this Court had directed the learned Advocate Mr. R.M. Desai for the Court Committee to seek appropriate directions in the matter of the rights claimed by the Divya Vasundhara Financiers Pvt. Ltd. under an agreement to sell a land bearing No. 221 situate within the revenue limits of village Eksar Taluka Borivali Greater Bombay said to have been executed by one Kamalakar Narayan Samant in favour of the Company by amending the Summons in the aforesaid Company applications or by taking out fresh summons within two weeks from the date of the said order and in case of failure to seek amendment or take out fresh summons within the stipulated period interim relief granted by this Court restraining respondent No 1 herein from transferring and for parting with possession of the said land in terms of the interim relief prayed for in Company Application No. 232/80 would stand vacated. As regards the interim relief granted in Company Application No. 104/81 restraining the respondents Nos. 2 3 and 4 from developing the land it was discharged. The summons issued for examination of S/Shri V A Phadke and Shantilal Shah who were the attornies connected with the aforesaid agreement was also discharged.
(2.)Pursuant to the aforesaid directions the applicants have taken out the present summons by making Company Application No. 50/82 seeking declaration that the Company is entitled to specific performance of the said agreement dated 3/05/1975 and directing the vendor respondent No. 1 herein or his successors assignees in interest heirs and legal representatives to specifically perform the aforesaid agreement by executing a regular deed of conveyance and also for handing over possession of the said land to the Company. In the alternative the applicants have claimed damages in sum of Rs. 73,02,39,840.00 over and above the amount of refund of Rs. 2,15,000.00 paid by the Company to Shri V.A. Phadke with such rate of interest which the Court may deem fit. An alternative direction authorising the Company to file appropriate suit or proceeding for specific performance of the aforesaid agreement and/or damages is also prayed for. A further direction authorising the Company to make an application for being a party defendant in Civil Suit No. 1797 of 1981 filed by respondent No. 2 against respondent No. 1 in the High Court of Judicature at Bombay or in any other suit that may be filed by respondent No. 2 in any other Court is also prayed for. A direction has been also sought for examination of Shri K. D. Patel exDirector of the Company S/Shri V.A. Phadke of M/s V. A. Phadke 4 Company and Shantilal Shah of M/s Shantilal Shah & Co. of Bombay. Pending the hearing and final disposal of this application interim relief restraining respondent No. 1 from transferring by sale mortgage assignment gift or in any other manner or parting with the possession and/or subdividing or developing construction upon or allotting or booking any members for the purposes of development of the aforesaid land is also proved for. A further interim relief against respondents Nos. 2 to 4 is also prayed for restraining them from encroaching upon or taking possession of or constructing or developing or disposing of either by allotting or booking any members for the purported development of the said land. A further interim relief against respondents Nos. 2 to 4 from proceeding further with Civil Suit No. 1797 of 1981 pending in the High Court of Judicature at Bombay or filing any other suit or initiating proceedings for obtaining specific performance of the alleged agreement to sell in their favour is also prayed for.
(3.)Notice was directed to b issued by this Court Against respondents Nos. 2 3 and 4 by its order of 19/03/1989 No notice was necessary against respondent No. 2 since the said respondent has filed his appearance through learned Advocate Shri A.S. Qureshi and in light of his statement made on the said day that respondent No. 1 has no intention to transfer assign or alienate the land in question and that the alleged agreement between respondents Nos. 2 to 4 and respondent No. 1 did not subsist and in any case the suit filed by respondent Nos. 2 to 4 in the High Court of Judicature at Bombay was contested by respondent No. 1 and in case of any order of the Court for specific performance of the said agreement no transfer will be affected without a weeks notice to this Court no interim relies as prayed for was required to be granted.
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