Chandrika Chunilal Shah Vs. Orbit Finance Pvt. Ltd.
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Head Note
The Code of Civil Procedure, 1908 - Order XXXIX Rule (1) , Rule (2)
Interim order of High Court - Special Leave Petition petitioner by filing a suit before City Civil Court - The City Civil Court returned the plaint for presentation to proper Court on the ground that it had no pecuniary jurisdiction - On presentation of plaint before the High Court, it passed interim orders that no third party interest can be created in favour of licensee - Admittedly the building in dispute is not completed so far - The fact whether respondents are bona fide purchasers has still to be determined - In circumstances, no case made out for interference with the interim orders passed by the Courts below - Appeal dismissed - Licensee however will continue to deposit his payments in a nationalised bank.
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