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Bombay High Court

Supreme Mega Constructions Llp vs Symphony Co-Operative Housing Society ... on 23 November, 2020

Author: S.C. Gupte

Bench: S.C. Gupte

            Digitally signed by
Smita       Smita Gonsalves

Gonsalves   Date: 2020.11.25
            15:08:42 +0530




                 sg                                       1/2                   8. coms45-14.doc

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        ORDINARY ORIGINAL CIVIL JURISDICTION

                                           COMMERCIAL SUIT NO.45 OF 2014

                 Supreme Mega Constructions LLP                            ...Plaintiff
                       vs.
                 Symphony Co-Operative Housing Society Ltd. And 23 Ors. ...Defendants
                                                .........
                 Ms. Neha M. Shah, i/b. Maniar Shrivastava Associates, for the Plaintiff.

                 Ms. Arun Panickar, for Defendant No.1.
                                                 .........

                                                CORAM : S.C. GUPTE, J.

DATE: 23 NOVEMBER 2020 P.C.:

. This commercial suit seeks specific performance of a development agreement as between the Plaintiff Developer, Defendant No.1 Co-operative Society and its members, who are arraigned as Defendant Nos. 2 to 24, some of whom were resisting the performance of the development agreement. In pursuance of a notice of motion taken out in the suit, appropriate reliefs for vacating the dissenting members were granted by this Court. In pursuance of the orders passed by the Court, the members have vacated their respective premises, and the existing building has since been pulled down and reconstructed. The suit accordingly appears to have worked itself out. Learned Counsel seek time to take final instructions in that behalf so that appropriate orders could be passed on the next date. Stand over to 27 November 2020.
sg 2/2 8. coms45-14.doc

2. This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

(S.C.GUPTE, J.)