1 (54)NMS.163.2011-S.156.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 163 OF 2011 IN SUIT NO. 156 OF 2011 M/s. Krish Realtors Builders & Developers & Ors. ...Plaintiffs Vs. Mohammed Hassan Shaikh & Ors. ...Defendants Mr. Rajendra R. Mishra, Advocate for the Plaintiffs None for Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 4TH OCTOBER, 2011 P.C. : 1. The Plaintiff has sued for specific performance of an agreement entered into by the Plaintiffs with the Defendant on 27th June 2008. The Defendants are sole developers. They have constituted a society. The society is a party to the agreement. The Plaintiffs have to develop the property of the Society under the Slum Rehabilitation Scheme. The Plaintiffs had to give tenements of specific measurements to the slum dwellers. 2. The Plaintiffs claim that the Plaintiffs have obtained various permissions. The permissions are neither annexed to the plaint nor shown to Court. The Plaintiffs claim that the Plaintiffs have incurred expenses of Rs.9.85 crores. No particulars of the expenses are also shown. 2 (54)NMS.163.2011-S.156.2011.sxw 3. The defendants have terminated the agreement on 21st April 2010. This is after about 2 years from the execution of the agreement. The Plaintiffs claim that the power of attorney was irrevocable and the agreement could not be cancelled. Such an agreement would be void and cannot be enforced in law. Every party to every contract has rights under the Contract Act and the specific rights under the Specific Relief Act. A contract to the contrary cannot be enforced by Court as being void to that extent of being against the provisions of the Indian Contract Act and/or the Specific Relief Act. A contract of development of a property would have to be seen by the Court for determining whether the notice of termination is validly given. 4. The suit is filed 3 years after the agreement was executed. 5. The Defendants are stated to have entered into certain other agreements with other persons, the particulars of whom are not supplied. The Plaintiffs shall be entitled to obtain whatever particulars are desired by the Plaintiffs in the suit. No equitable relief can be granted to the Plaintiffs pending the suit under the aforesaid circumstances. 6. Hence the Notice of Motion is dismissed. (SMT. ROSHAN DALVI, J.)