JAYESH MATHURBHAI PATEL Vs. BHAKTI ENTERPRISES

JUDGEMENT

(1.) Heard learned Counsel appearing for the Applicant/Plaintiff, learned Counsel appearing for Defendant Nos. 3 to 6 as also learned Counsel appearing for the Defendant No. 8.

(2.) By the present Interim Application, the Applicant/Plaintiff is seeking an injunction restraining Defendant Nos. 3 to 8, their agents, servants and/or person or persons claiming through them from selling, encumbering any third party right, title and interest in respect of the Suit fat being Flat No. 1304 admeasuring 800 Sq.ft. Carpet area on the 13th floor without car park level in the building known as Samaj Darshan, Parekh Lane, Kandivali (West), Mumbai 400 067 (for short "Suit fat). The Interim Application also seeks appointment of Court Receiver as a receiver in respect of the Suit fat. Further direction is sought against Defendant Nos. 3 to 8 to reserve area equivalent to the suit fat admeasuring 800 sq.ft. (carpet area) to protect the legitimate right of the Applicant/Plaintiff in respect of the Suit fat. Certain other consequential relief is also sought for.

(3.) The Applicant/Plaintiff claims to have purchased the Suit fat for consideration under the Agreement for Sale dtd. 25/7/2017 executed between Defendant No. 1 as Developer and the Applicant as purchaser. The Applicant/ Plaintiff has stated that he has paid the entire total agreed consideration price in respect of Suit fat of Rs.1,03,00,000.00on or before execution and registration of the Agreement for Sale. As per the annexure to the Plaint at Exhibit 'M' the full consideration of the Suit fat is shown to have been paid in cash. The Receipt for which is stated to be annexed to the Agreement for Sale.