M/S. Deepak Builders Private ... vs Sureshkumar Pukhraji Jain Alias ...
2022 Latest Caselaw 2629 Bom

                       (5)-WP-9622-13.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally
          signed by
                                       CIVIL APPELLATE JURISDICTION
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:


                                        WRIT PETITION NO.9622 OF 2013
          2022.03.17
          09:52:28
          +0530




                       M/s. Deepak Builders Private Limited              ..Petitioner
                            Versus
                       Sureshkumar Pukhraji Jain alias
                       Khimsera and Ors.                                ..Respondents

                       Mr. Pooja Kane a/w Laxman Jain i/by Yogesh Adhia, for the
                       Petitioner.
                       Mr. Chaitanya Rane a/w Kalyani Bane i/by M/s. Divekar & Co., for
                       the Respondent No.1.
                       Mr. Abbas Zaidy a/w Aditya A. Kavale i/by Zohair & Co., for
                       Respondent Nos.2A to 2D.

                                                     CORAM : NITIN W. SAMBRE, J.

DATE : 16th MARCH, 2022

P.C.

1. Relying on the judgment of Apex Court in the matter of Man Kaur Vs. Hartar Singh Sangha reported in (2010) 10 SCC 512 the contention is, in a suit for specific performance evidence of Power of Attorney cannot be considered.

2. The issue of readiness and willingness is sought to be invoked. That being so, the Power of Attorney need not be examined on the said issue.

3. That being so, the order impugned dated 28th August,

BGP. 1 of 2 (5)-WP-9622-13.doc.

2013 is hereby quashed and set aside.

4. Parties are directed to address the Court below afresh on the aforesaid issue.

5. Trial Court is directed to decide the matter having regard to the aforesaid judgment and other provisions of law.

6. The petition stands allowed in above terms.

                                         [NITIN W. SAMBRE, J.]




BGP.                                                       2 of 2