LAWS(BOM)-2011-1-107

EKTA SUPREME CORPORATION Vs. VIMLA KAPOOR

Decided On January 06, 2011
EKTA SUPREME CORPORATION Appellant
V/S
VIMLA KAPOOR Respondents

JUDGEMENT

(1.) With the consent of parties and their Counsel this motion is heard and disposed off finally by this order. This is a notice of motion for interim reliefs in a suit filed by the plaintiffs - developers and builders, for a declaration that defendant Nos. 1 to 3 are jointly and severally bound by the covenants and representations made by them to the plaintiffs in terms of development agreement dated 26th July 2006 read with supplemental agreement dated 5th April 2010 Exh. D-l and D-2 to the plaint and are bound and liable to vacate the flat Nos. 1, 2, 3 and 8 so as to en-able the plaintiffs to demolish the building.

(2.) By prayer Clause (b) permanent injunction is claimed in the following terms:-

(3.) It is in furtherance of the aforementioned declaration and permanent injunction that this notice of motion has been filed seeking interim reliefs and particularly in mandatory form enabling plaintiffs to demolish the existing building after securing eviction therefrom of all these defendants.