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Bombay High CourtLPETN/288/2018disposed off

The Bombay Catholic Co Perative Housing Society Ltd. 2 Others v. Sumer Buildcorp Pvt. Ltd. And 2 Others

2018-08-31Hon'Ble Shri Justice G.S. Patel1 pages

909-LPETN288-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 288 OF 2018 IN SUIT (L) NO. 1176 OF 2018 The Bombay Catholic Coop Hsg Soc Ltd & Ors ...Plaintiffs

Versus

Sumer Buildcorp Pvt Ltd ...Defendants Mr CD Mehta, with Lalan Gupta, i/b M/s. Dhruve Liladhar & Co., for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

31st August 2018 PC:- 1.

In respect of a suit for specific performance, this Petition for leave under Order II Rule 2 of the Code of Civil Procedure 1908 seeks leave to omit to sue for defaults in respect of the purchase of office premises of the 1st Applicant-society, non payment of legal expenses, failure of settlement of the allottee members, nonpayment of rent for delayed period, non-payment of contractually agreed amounts to the tenant members and other defaults. 2.

Leave granted. The Petition is made absolute. (G. S. PATEL, J) 31st August 2018