Supreme Court - Daily Orders
M/S Sawant Construction &Amp Anr vs Guruchhaya Coop. Housing Society ... on 4 September, 2014
Bench: Kurian Joseph, Rohinton Fali Nariman
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IN THE SUPREME COURT OF INDIA
CIVIL APPELALTE JURISDICTION
CIVIL APPEAL NO. 8470 OF 2014
(arising out of S.L.P.(Civil) No. 8224 of 2014)
M/S SAWANT CONSTRUCTION & ANR Appellant(s)
VERSUS
GURUCHHAYA COOP. HOUSING SOCIETY Respondent(s)
LTD & ORS
O R D E R
Leave granted.
2. We have heard the learned counsel for the
appellants and learned counsel for the
respondent No. 1.
3. Para 25 of the agreement dated 26.09.1979
states, inter alia, as under :-
“Nothing contained in these presents
shall be construed to confer upon the
Purchaser any right, title or interest
of any nature whatsoever into or over
the said Building or any part
thereof ...”
4. Having regard to the above, although we
Signature Not Verified maintain the order of the Deputy Registrar,
Digitally signed by
Rajesh Dham
Date: 2014.09.09
18:19:21 IST
Reason: Co-operative Societies confirmed by the High
Court, but we clarify that deemed conveyance in
favour of respondent No. 1 shall not be
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understood to mean to convey constructed
portion, i.e., building standing on final plot
No. 52.
5. Civil Appeal is disposed of as above with
no order as to costs.
.........................CJI.
(R.M. LODHA)
...........................J.
(KURIAN JOSEPH)
NEW DELHI; .............................J.
SEPTEMBER 4, 2014 (ROHINTON FALI NARIMAN)
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ITEM NO.1 COURT NO.1 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 8224/2014
(Arising out of impugned final judgment and order dated 05/02/2014
in WP No. 1585/2013 passed by the High Court Of Bombay)
M/S SAWANT CONSTRUCTION & ANR Petitioner(s)
VERSUS
GURUCHHAYA COOP. HOUSING SOCIETY LTD & ORS Respondent(s)
(interim relief and office report)
Date : 04/09/2014 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. Anupam Lal Das,Adv.
Mr. Arunabh Chowdhury, Adv.
Mr. Sayaji D. Nangre, Adv.
Mr. Anirudh Singh, Adv.
For Respondent(s) Mr. Subrat Birla, Adv.
Mr. S.C. Birla,Adv.
Mr. S.G. Surana, Adv.
Ms. Sampada S. Mahadik, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
Civil Appeal is disposed of in terms of the signed order.
Pending application, if any, stands disposed of.
(RAJESH DHAM) (RENU DIWAN) COURT MASTER COURT MASTER (signed order is placed on the file)