Model Form of Special Leave Petition
| Updated at | March 2010 |
In the Supreme Court of India
Civil Appellate Jurisdiction
Special Leave Petition (Civil) No. ....................... of 1999
(From the Judgment and Final Order dated ................ passed by the Hon’ble Bombay High Court consisting of the Hon’ble Mr. Justice ............... and the Hon’ble Mr. Justice ................ in FMA No. ........ of 1999).
In the matter of Sri ……………… son of ………… Petitioner
versus
Co-operative Housing Society Ltd. and Ors. Respondents
Office Report on Limitation
The above-mentioned matter is in time/time barred.
Dated ....................... Section Officer
Synopsis
..............................., owner of a rent-free land at ………… (hereinafter referred to as the vendor), entered into an agreement with the................ Housing Society Ltd. for sale thereof on which land the Society intended to construct apartment building. An Indenture was entered into between the said owner and the Society. The price was fixed and Earnest Money was paid by way of part payment of the total price.
Clause 5 of the said agreement provided that the Society will construct multistoried building on the said land and the vendor will have the right to purchase.... flats in the said building in the name of himself or his nominees each flat containing a floor-area of not less than .............sq. ft. The purchase price will be at the same rate as might be payable by other purchasers of similar flat in the said building. The society shall not sell those 8 flats without first offering to the vendor by giving at least sixty days’ notice in writing. On failure of the vendor to signify his willingness to purchase within the said period of sixty days the Society will be entitled to dispose of the flat to any other person.
By a letter the Society informed the vendor that the vendor’s application for membership was accepted and a three bedroomed flat No. 2 has been allotted to him at Rs. ...................... and for a garage space another Rs. ................... . In default of making payment on due dates, the allotment of the flat would be liable to be cancelled, and that the right of the vendor in the Society will be governed by Maharashtra Co-operative Societies Act, Rules and its Bye-laws.
The Society issued two Share Certificates for Rs. 100 each in favour of the vendor and flat No. 2 in the said building allotted to him and demanded payment of the consideration money. The vendor had paid a lump sum amount against six flats out of eight...
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