amendment. Mr Sancheti confirms that this
amendment (by Chamber Summons No. 924 of 2014) was one in
which the Plaintif specifically sought specific performance ... seek specific performance.
That omission to sue for specific performance, the learned single
Judge held, was deliberate. A suit for specific performance would
1673-16.DOC
2. The suit is for specific performance of an agreement dated
30th December 2005 and a supplemental agreement also dated 30th
December ... amendment that is to be automatically
granted. No amendment application can even be presumed to be
bona fide. But no application for amendment is automatically
suit is for specific performance of an agreement for
purchase of an immovable property in Mumbai. The agreement is
dated 8th June 1979. The property ... suit for
specific performance. Therefore, essential to any such suit is a
2
There is a subsequent amendment of 2018 where the Plaintiff has since
Civil Court. On an
amendment increasing the monetary claim, it was transferred to this
Court. The suit is for specific performance of a Memorandum ... third of these is to rectify the monetary claim pursuant
to the amendment. The additional two issues are in regard to the
claim for cancellation
suit for
specific performance. The Defendants have filed this Chamber
Summons, in my view quite unnecessarily, seeking an amendment
of the issues. The schedule sets
Chamber Summons is for amendment. It is filed by the
Plaintiffs. An alternative prayer for refund in lieu of specific
performance is sought
were all valid and subsisting, and then
sought a decree for specific performance. The 2nd Defendant to the
suit was a partnership firm. It seems ... very properties that were the subject matter of
the specific performance suit and of the Consent Terms. If that be
so, the 2nd Defendant
this time, GRC had already filed this suit for specific
performance in November 1990, but as we have seen, the significant
developments thereafter were ... agreement dated 21st July 1986 and in the event of specific
performance being decreed in favour of the Plaintiffs, the
Plaintiffs are and have always
knowledge only in September 2016.
5. The order allowing the amendment of 2018 also permitted
the Defendants to file an additional Written Statement. There ... What the Defendants
seek in the counter-claim is specific performance of the agreement
dated 5th October 2000, the very agreement that is the subject
knowledge only in September 2016.
5. The order allowing the amendment of 2018 also permitted
the Defendants to file an additional Written Statement. There ... What the Defendants
seek in the counter-claim is specific performance of the agreement
dated 5th October 2000, the very agreement that is the subject
