Eternia Co-Op Hsg Soc Ltd And 7 ORS v. Lakeview Developers And 12 ORS

1/2 Index-APPL-189-15&128-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.189 OF 2015 IN NOTICE OF MOTION NO.62 OF 2014 IN SUIT NO.54 OF 2014 Lakeview Developers & Ors.

....Appellants.

Vs.

Eternia Co-operative Housing Society Ltd. And Ors.

..... Respondents.

ALONGWITH APPEAL (L) NO.128 OF 2015 IN NOTICE OF MOTION NO.62 OF 2014 IN SUIT NO.54 OF 2014 WITH NOTICE OF MOTION (L) NO.321 OF 2015 IN APPEAL (L) NO.128 OF 2015 Eternia Co-operative Housing Society Ltd. And Ors.

.....Appellants Vs.

Lakeview Developers & Ors.

....Respondents.

INDEX Sr. No Particulars P. Nos 1.

Cause Title & Appearances 1-8 2.

Summary of the Judgment 8-11 3.

Brief facts and gist of arguments on behalf of the Appellants/developer and Respondents/Plaintiffs.

11-14 4.

Scope of power of the Appellate Court under Clause 15 of the Letters Patent Act.

15-17 5.

Facts 18-23 6.

Question for consideration and rival claims 23-28

2/2 Index-APPL-189-15&128-15.doc 7.

Relevant provisions of MOFA including following of judgment in Kalpita Enclave.

28-36 8.

Ratio of Judgment in Jayantilal Investments, paras 15 to 19, including the facts of the said case.

36-46 9.

Analysis of the judgment in paras 42 to 45 46-50 10.

The facts in detail pertaining to the tripartite agreement, individual agreements with the flat purchasers and the relevant clauses.

50-54 11.

Findings from para 51 onwards 55-61 12.

Judgments cited by Appellants/developer 61-64 13.

The Law of precedents 64-66 14.

Observations on provisions of MOFA 66-68 15.

Law laid down by the Supreme Court on grant of injunction.

68-71 16.

Final Verdict 71-72