Ratilal Mansion Chsl And 2 ORS. v. Official Liquidator,(Appointed As Provisional Liquidator In Respect Of Orbit Corporation Ltd)

sl 408 of 2017 (913).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION SUIT (L) NO.408 OF 2017 WITH NOTICE OF MOTION (L) NO.1436 OF 2017 AND NOTICE OF MOTION (L) NO.72 OF 2018 Ratilal Mansion Co-op. Hsg. Soc. Ltd. And Ors. ...

Plaintiffs versus Orbit Corporation Ltd. And Ors.

...

Defendants Mr. Ravi Gadagkar i/by Ms. Usha Gadagkar, for Plaintiffs. Mr. Rohit Gupta, for Official Liquidator.

Mr. R.

Y.Sirsikar, for MCGM.

Ms. Sayli Apte i/by Mr. P.G.Lad, for MHADA.

CORAM: S.J. KATHAWALLA, J.

DATE: 6 th JUNE, 2018 P.C.:

1.

Since the Plaintiffs have terminated the Agreement dated 29-10-2009 executed by and between the Plaintiffs and Defendant No.1 and the Official Liquidator has accepted the said termination, the Suit which is filed for specific performance of the said Agreement dated 29-10-2009, has become infructous. As regards the Plaintiffs claim against Defendant No.1 for damages etc., the Plaintiffs are granted liberty to file their claims with the Official Liquidator, which the Official Liquidator shall decide on its own merits. The above Suit is accordingly disposed off. Refund of Court Fees, if any, as per rules. The above Notices of Motion also stand disposed of. ssp 1/2

sl 408 of 2017 (913).sxw 2.

It is clarified that the possession of the suit property shall now be with the Plaintiffs. The original documents qua the suit property which are handed over by the Director of the Defendants to the official Liquidator, shall now be handed over by the Official Liquidator to the Advocate for the Plaintiffs. ( S.J.KATHAWALLA, J. ) ssp 2/2