VAS INFRASTRUCTURE LIMITED Vs. JAYDEEP APARTMENT CHS LTD

JUDGEMENT

(1.) The Notice of Motion is heard finally.

(2.) (A). The plaintiff seeks a declaration that a development agreement dated 3 rd November, 2010, entered into between defendant No.1 and itself is valid and binding, for a mandatory order and injunction directing defendant Nos.2, 3 and 4 to comply with the agreement, including by vacating and handing over possession of their respective flats to the plaintiff to enable it to demolish the existing building and to construct a new building thereon and a permanent order and injunction restraining defendant Nos.2, 3 and 4 from obstructing or interfering with the plaintiff carrying out the said work.

(3.) Defendant No.1 is a housing society in which defendant Nos.2, 3 and 4 are members. The plaintiff is a developer appointed by defendant No.1 for the redevelopment of its building. Defendant No.1 is the owner of a piece of land together with two buildings standing thereon, referred to as A wing and B wing. Each wing has 25 flats. An extension to A wing has four flats. There are, accordingly, 54 members in the first defendant society, occupying their respective flats.