M/S Constrokraft Realities LLP Throu. Its Director Mr. a.H.Inamdar v. Chinchwad Deosthan Trust Throu. His Trstee and Ors.

Bombay HC27 Mar 2024WP/3940/2024

Case brief

AI extract

What is this about?

Writ petition by an LLP seeking restraint on a sale deed between respondents, alleging collusion; petitioner offered Rs.7 crores with undertaking. Court directed reply affidavits, interim restrained execution of sale deed in favour of respondent no.3 till next date, kept contentions open, adjourned to 19 April 2024.

What the court decided

AI extract

M/S Constrokraft Realities LLP Throu. Its Director Mr… — Property and Title | Bombay HC (2024)

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910-WP 3940-24.DOC

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PRAJAKTASAGARVARTAK Digitallysigned byPRAJAKTASAGARVARTAKDate:2024.04.0810:56:59+0530

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Prajakta Vartak

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3940 OF 2024

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M/s. Constrokraft Realities LLP ...Petitioner

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Vs. Chinchwad Deosthan Trust & Ors. ...Respondents

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Mr. Khushnood Akhtra with Mr. Vinay Karodia i/b. Mr. Shivaji Nirmale for Petitioner.

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Mr. Manoj Patil for Respondent No.1.

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Mr. Atul Damle, Senior Advocate with Mr. Jagdish Aradwad (Reddy) for Respondent No.3.

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Ms. Shruti Vyas, Addl. GP with Ms. P. N. Diwan, AGP for State.

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CORAM: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATE: 05 APRIL, 2024.

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P.C.

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We have heard learned counsel for the parties. Let the respondents

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place on record reply affidavits to the petition.

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Respondent no.1 is represented by Mr. Manoj Patil, learned counsel, respondent no.3 is represented by Mr. Atul Damle, learned senior counsel and respondent no.4 is represented by Ms. Vyas, learned Addl. GP.

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Learned counsel for the petitioner submits that so far, no sale deed has

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been executed between respondent no.1 and respondent no.3 in regard to the property in question. His contention is that for the reasons as urged in the

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Page 1 of 2 05 April, 2024

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910-WP 3940-24.DOC

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petition and more particularly when the petitioner is offering an amount which is almost Rs.3.5 Crores i.e. more than what was offered by respondent no.3, the

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sale deed ought not to be executed, more particularly considering the previous orders as also a collusion, which is being alleged between respondent nos.1 and

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Learned counsel for the petitioner also made a statement that his client is ready and willing to deposit an amount of Rs.7 Crores. He has also placed on record affidavit-cum-undertaking of the petitioner to that effect.

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We shall hear the parties on all the issues on the adjourned date of hearing after reply affidavits are placed on record.

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However, till the adjourned date of hearing, the sale deed be not entered with respondent no.3.

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All contentions of the parties are expressly kept open.

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Stand over to 19 April, 2024 (H.O.B.) .

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(FIRDOSH P. POONIWALLA, J.)

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(G. S. KULKARNI , J.)

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Page 2 of 2 05 April, 2024

M/S Constrokraft Realities LLP Throu. Its Director Mr. a.H.Inamdar v. Chinchwad Deosthan Trust Throu. His Trstee and Ors.

Case brief

What is this about?

What the court decided

M/S Constrokraft Realities LLP Throu. Its Director Mr. a.H.Inamdar v. Chinchwad Deosthan Trust Throu. His Trstee and Ors.

Case brief

What is this about?

What the court decided

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