SHAPOORJI PALLONJI & COMPANY LTD. Vs. JIGNESH SHAH

JUDGEMENT

(1.) The Plaintiffs Shapoorji Pallonji & Company Limited, have filed the above Suit against Defendant Nos. 1 to 4, who are Partners of Crescent Builders (Defendant No. 5), a Partnership Firm, Defendant No. 6 Municipal Corporation of Greater Mumbai and Defendant No. 7 Shreyas J. Shah, Sole Proprietor of Builtech Constructions. The subject matter of the Suit is the Plot of the Defendant No. 6 Corporation bearing CS Nos. 1/725 and 725 (Part), Malabar Hill Division, Mumbai, admeasuring 17,651.43 sq.mtrs. (hereinafter referred to as "the suit property"). By the present Suit, the Plaintiffs have inter alia, sought specific performance of the Agreements dated 8th January, 1997, 29th June, 2007, and 24th August, 2007, as well as a declaration that the termination notice dated 12th January, 2010, issued by Defendant No.1 is illegal, invalid, void ab initio and not binding upon the Plaintiffs and a declaration that the Agreement dated 2nd February, 2012, alleged to have been entered into by and between Defendant Nos. 5 and 7, is illegal, unenforceable and not binding on the Plaintiffs and the same is liable to be set aside.

(2.) In the said Suit, the following Notices of Motion have been taken out by the Parties viz:

(3.) Briefly set out the facts in the matter are as under: