MANISH UPPAL Vs. FIORANO MOTORS LLP & ORS

JUDGEMENT

(1.) The plaintiff has instituted the present suit pleading,

(2.) On the aforesaid facts, the plaintiff has instituted this suit, (i) for declaration that there is a legal, subsisting, valid and binding Sale Agreement between the plaintiff and the defendants no.1 to 5 in respect of Ferrari Motor Car F12 Berlinetta Model FERRARI F152 AB E Bearing VIN/Chasis No.ZFF74UHC000197432 and Engine No.207092 and currently lying in the custody and possession of defendant no.6 in Delhi; (ii) for mandatory injunction directing the defendants no.1 to 5 to perform their obligations under the Sale Agreement and deliver possession thereof to the plaintiff by depositing the Customs Duty and other statutory charges; and, (iii) in the alternative for recovery from defendants no.1,2 & 3 of Rs.1,00,00,000/- as damages and of Rs.25 crores with interest at 18% per annum.

(3.) The suit was entertained and written statements have been filed by the defendants no.5 & 6 only and to which replications have been filed by the plaintiff.