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april 2012

Supreme Court of India · 2012-04-19

CHANDRIKA CHUNILAL SHAH vs ORBIT FINANCE P.LTD..

Citation / case number
SC 2011/25829
Court
Supreme Court of India
Petitioner
CHANDRIKA CHUNILAL SHAH
Respondent
ORBIT FINANCE P.LTD..
Author
B.S. CHAUHAN
Bench
B.S. CHAUHAN P. SATHASIVAM

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the interim relief in a dispute under the Maharashtra Ownership of Flats Act, 1963. The Court confirmed that the City Civil Court lacked pecuniary jurisdiction to hear the appellant's suit, leading to the return of the plaint for presentation in the appropriate court. The Court also supported the trial judge's order allowing the respondents to create a license for the suit property, ensuring no third-party interest was created, thus balancing the rights of the parties involved.

CHANDRIKA CHUNILAL SHAH vs ORBIT FINANCE P.LTD.. · Niyam