GANAPATI APARTMENTS PVT. LTD Vs. FAVOURITE SMALL INVESTMENT LTD.
LAWS(CAL)-2000-12-64
HIGH COURT OF CALCUTTA
Decided on December 14,2000

GANAPATI APARTMENTS PVT. LTD Appellant
VERSUS
FAVOURITE SMALL INVESTMENT LTD. Respondents

JUDGEMENT

Amitava Lala, J - (1.) Plaintiff instituted the aforesaid suit praying inter alia following reliefs : a) Mandatory injunction directing the defendants to hand over vacant possession of the suit premises morefully mentioned in Schedule 'A' to the plaint and to sign the building plan for construction of the said building and to execute the power of Attorney in favour of a nominee of the plaintiff pursuant to, agreement dated 31st December, 1986 as modified. b) Mandatory injunction directing the defendants to execute and register necessary conveyance in favour of the allottees nominated by the plaintiff inspite of the plaintiff's allocation in the building to be constructed. c) Declaration that the suit property charged in respect of the earnest money/initial deposit paid by the plaintiff. d) Perpetual injunction restraining the defendants from transferring encumbering parting with possession creating any third party right or dealing with or disposing of the suit premises morefully mentioned in Schedule 'A' to the plaint in any manner whatsoever. e) Attachment. f) Receiver. g) Injunction. h) Costs. i) Such further and/or other reliefs.
(2.) An affidavit of competency was also filed before the Court by the Director of the Company which has kept in the record.
(3.) Since nobody entered appearance on behalf of the defendant Company, the suit was placed before the Court for the purpose of hearing as an 'Undefended Suit'.;


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