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Rahul (Director)     11 September 2015

Injunctions

1. Client  had purchased 2 flats in a buiding project yet to be constructed

2. It was subsequently discovered that seller had no right to sell because his selling rights were secured in favour of his co-partner in the said project and would accrue to him only on certain fulfilment of certain obligations

3. Criminal case has been filed against seller.

4. Client does not wish to file moeny suit in civil court as because certain cash payments have been made by him to the seller.

5. Client wishes to obtain injunction against sale of flats to thrid parties

 

Queries:

1. What are all the  remedies available to the client in the civil court, other than money suit.

2. If the jurisdiction is Mumbai and value of notional property (not in existence) is more than Rs. 1 crore would the court fees be payable as per ready reckoner 

3. If answer to no. 2 is affirmative, what is the way to reduce the burden of court fees on he client

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     20 September 2015

If you have a valid sale agreement you can approach court with  a suit for permanent injunction against the vendor and his partner seeking court direction to restrain them from alienating the  property under sale agreement with you.   In that you can  file a petition for interim injunction too.

As far as the court fee aspect,you may contact a local advocate who will guide you with all such further details. 


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