LAWS(BOM)-2014-6-2

SHAILA S. PATHAK Vs. OBEROI CONSTRUCTIONS LTD.

Decided On June 04, 2014
Shaila S. Pathak Appellant
V/S
Oberoi Constructions Ltd. Respondents

JUDGEMENT

(1.) The Plaintiff has in the present Suit inter alia sought the following declarations:

(2.) In the above Notice of Motion the Plaintiff has inter alia prayed for appointment of Receiver in respect of the suit flat and also for an injunction restraining the Defendants from disposing of, alienating, encumbering or creating any third party rights in or from parting with possession of the suit flat or in the alternative in respect of another flat of equal dimension not less than 987 sq.ft. built up area preferably in the Oberoi Splendor project.

(3.) The Plaintiff, Mrs. Shaila S. Pathak, is a practicing Advocate who claims to have purchased the suit flat which was originally purchased by Defendant No.2 - Chandrika Gupta, which flat has been constructed by Defendant No.1 - Oberoi Constructions Ltd. The husband of the Plaintiff - Santosh Pathak is an estate agent/broker and admittedly is also a Financier. Defendant No.3 claims to have purchased the flat from Defendant No.1 after Defendant No.1 terminated the allotment made in favour of Defendant No.2 and thereafter to the Plaintiff. Defendant Nos. 4 and 5 claim to have subsequently purchased the suit flat from Defendant No.3. The sister of Ms. Chandrika Gupta i.e. Ms. Saraswati Gupta is Defendant No.2 in Suit No. 403 of 2012 and is the original allottee of the another flat in the same project which is the subject matter of Suit No. 403 of 2012.