KAMLA REALTY (BOMBAY) Vs. NEW GOPAL PREMISES CO

JUDGEMENT

(1.) The above suit is filed by the Plaintiff - Kamla Realty (Bombay) against New Gopal Premises Co-operative Society Limited (Defendant No.1) and its five non-cooperative members, inter alia, seeking a declaration that the terms and conditions of the Development Agreement dated 28th September, 2011, executed between Defendant No.1 and the Plaintiff with respect to the piece or parcel of land at Lokmanya Tilak Road, Borivali (West), admeasuring 1047.38 sq.mtrs., more particularly described in the Schedule at Exhibit-A to the Plaint ("the said property"), is valid, subsisting and binding upon Defendant Nos. 2 to 6; for a mandatory order and injunction directing Defendant Nos. 2 to 6 or any person or persons claiming through or under them to comply with the said Development Agreement dated 28th September, 2011 and to vacate their respective flats/shops and to hand over the same to Defendant No. 1 or the Plaintiff for the purpose of demolition; and for a permanent order and injunction restraining the Defendants or any person or persons claiming through or under them from in any manner interfering with, obstructing, creating any impediment of any nature whatsoever in the fulfilment or performance of any obligations under the said Development Agreement dated 28th September, 2011 executed between Defendant No. 1 and the Plaintiff in respect of the said property in any manner whatsoever.

(2.) The Plaintiff has also taken out the above Notice of Motion seeking interim reliefs i.e. for an order and injunction against Defendant Nos. 2 to 6 to vacate the flats/shops in their possession and to hand over the same to Defendant No. 1 or the Plaintiff for the purpose of demolition and for appointment of Court Receiver, High Court, Bombay, as Receiver of the flats and shops in possession of Defendant Nos. 2 to 6 with all powers under Order 40 Rule 1 of the Code of Civil Procedure, 1908 including power to take possession thereof by breaking open the lock and/or if necessary with the help of police and hand over quite vacant and peaceful possession thereof to the Plaintiff for the purpose of demolition thereof or any other purpose as per the said Development Agreement dated 28th September, 2011 executed between Defendant No. 1 and Plaintiff.

(3.) As stated hereinabove, the Plaintiff - Kamla Realty (Bombay) is a registered partnership firm carrying on business as developers and builders. Defendant No. 1- New Gopal Premises Co-operative Society Ltd. is a Co-operative Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 under Registration No. BOM./GEN.1178 of 1978 dated 24th November, 1978. The Society is the owner of the said property, on which a building constituting ground + four floors is constructed since 1973-74 ("the said building"). The said property along with the said building are hereinafter referred to as "the suit property". The Society has 27 members of which 19 are in possession of residential flats and 8 are in possession of commercial premises/shops. The Plaintiff is granted development rights by Defendant No. 1 Society in respect of the suit property.