commercial suit format delhi

2857/2021. Khivraj Tech Park Pvt. summons were also not issued as per the format for commercial disputes notified by Delhi High Court on 27th November, 2015, which may be due to the fact that the said format applies only to the Original Side of the Delhi High Court. In the affidavit, Centre has said that "Delhi Government lacks in containing Coronavirus and there is a failure as far as enforcing measures by the Delhi . Normally suit concludes by pronouncement of (final) judgment under Order 20 Rule 1. Suit for declaration is a declaration from the court on any issue by way of a decree of the court. §8 of . The respondent has filed the Suit No. A WS must also raise any set-off or counter-claim if any. In the Court of Civil Judge Class - I at Indore Suit No. 1234 / 2009. 7. On a combined reading of Section 2(1)(c) and (i) and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, all suits and applications relating to commercial Summary suit or summary procedure is provided under order XXXVII of the Code of Civil Procedure, 1908. As per this concept of Mediation, disputes, which arise out of legal relationships, cases/matters of civil nature, money matters, contractual disputes etc., may be received under Pre-litigation in the Mediation & Conciliation Centre, prior to registration of FIR or filling of civil case in any court of law. 8. reforming the procedural framework for commercial civil suits. Commercial Suits R. 1 1. 6. :_____ of 2008 Plaintiff Versus Defendants Suit for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in Khata Khatauni No. In India the first step for every legal action is sending a legal notice. AS PER THE ADVISORY ISSUED BY THE HON'BLE HIGH COURT OF DELHI REGARDING CORONA-VIRUS, LITIGANTS ARE INFORMED THAT NO ADVERSE ORDER SHALL BE PASSED FOR NON-APPEARANCE IN THE COURT TILL FURTHER ORDERS. on the defendant as stated above. (Such judgment in view of its definition given under Section 2(10) means the statement given by the Judge on the grounds of the decree.) (3) Defendant borrowed a sum of Rs. __ measuring _____ Biswas situated at _____ restraining the defendant from . M/s. 317.29 Sq. ——— on which court fee of Rs. The procedure provided in Order 37 of CPC is employed majorly to the class of cases dealing in . They will also contribute towards improving India's ranking on the 'ease of doing business index' released by the World . It has been almost four years since the legislation was . To begin things, you can send a legal notice to the tenant to vacate the property. Commercial courts at district level Exhibit 10.8 . Notice By Purchaser For Specific Performance Of An Agreement. Format for Civil Suit. Recording of time during final hearing 42 4. 10-09-2009, Published in Haryana Govt. Suit Permanent Injunction IN THE COURT OF CIVIL JUDGE, COIMBATORE Civil Suit No. The provision states that a plainti must initiate mediation before filing a suit, with a limited carve out for suits filed with applications for urgent interim relief. The said provision to the extent relevant is extracted here below for reference. Khivraj Tech Park Pvt. In case of a commercial suit for recovery, the debtor/ defendant has a statutory time-limit of 30 days from the date of service of summons to file its response/ defence. Findings of Court to be read out 42-43 7. (2) To reach the avowed goal of expeditious disposal, all interlocutory . Basic concept of 'Replication' and 'rejoinder'. Written judgment of one or more Judges how pronounced 42 5. Order XIII-A CPC, as made applicable to commercial suits within the meaning of the Commercial Courts Act, is titled "Summary Judgment". 1. Template for uploading Memo of Parties in e-filing facility. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no relief has been claimed which does not fall within the ambit of Order XXXVII. The decision of the Delhi High Court in Maiden Pharmaceuticals Ltd. vs. Wockhardt Ltd. becomes pertinent to note here and it held that in a suit for an injunction, ad valorem court fees has paid and the same has to be valued in terms of §8 of the Suits Valuation Act, 1887 in tandem with the §7 clause (iv) of the Court Fees Act, 1870. Unlike other civil suits, the trial in summary suits begins after the court grants leave to the defendant to contest the suit. They will also contribute towards improving India's ranking on the 'ease of doing business index' released by the World . 6,94,63,114/-. 2. The Commercial Courts Act, 2015. Notice By Lessor To Lessee To Quit For Non Payment Of Rent. CPC Order 37: A Disguise in the Name of Speedy Justice or Not. According to the respondent, the suit premises The Government, on May 3, 2018, promulgated an Ordinance (Ordinance) amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act).These amendments are an attempt to expand the scope of commercial courts in India. The summary procedure is delineated under Order 37 of the Code of Civil Procedure, 1908. The value of this suit for the purposes of court fee and jurisdiction is Rs. Bail Roster of Judicial Officers of South District for January 2022. The Hon'ble High Court of Delhi in a recent case NBCC (India) Ltd. v Aircon Engineering Services & Ors. (2) The Commercial Division and Commercial Court shall follow the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, in the trial of a suit in respect of a commercial dispute of a specified value. The summons in the suit were served upon the Respondent on 14 July 2017 and they filed their written statement on 15 December 2017 which . Hearing in final matters 42 3. 2. Summary suits are the abridged procedure of adjudication as against the ordinary procedure. Link for e-Filing. 5. By way of a recent amendment in 2018, the . 4. No. The suit can be instituted under Order XXXVII of the said code, in case there is an admitted liability in the form of promissory note, hundies etc. 3. (P) Ltd.2, held that proviso added by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 is mandatory and no written statement can be taken on record in commercial suits, if it is not filed within 120 days from the date of service of summons. A WS may also contains new points, objections to jurisdiction, pre-emptory pleas, dialatory pleas, etc. respect of a suit as determined in accordance with Section 12 which shall not be less than rupees one crore. Pass the cost of the suit in . Delhi High Court Mediation Centre. 1. An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. 5. Address: Central Office, Pre-Fab Building First Floor, Patiala House Courts, New Delhi - 110001. Subs. The Government, on May 3, 2018, promulgated an Ordinance (Ordinance) amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act).These amendments are an attempt to expand the scope of commercial courts in India. replication. (4) The plaintiff made several demands on the defendant for the repayment . 2. The remedy of filing civil suits for recovery of money is often seen as a . Ltd., having its Registered Office at #1, SIDCO Industrial Estate, Guindy, Chennai - 600 032 represented by its Authorized Signatory ("Lessor") hereinafter referred to as the 'LESSOR' (which expression shall unless repugnant to the context . 6. "commercial dispute" so as to enable the Commercial Court to entertain the suit. The Commercial Courts Act 2015 has enacted a separate order as O. XIII A for summary judgment. A Counter-claim is "a claim made by the defendant in a suit against the plaintiff".1 It can be stated as follows:- 1) It is an independent claim 2) It is separable from the plaintiff's claim, and 3) It is enforceable by a cross-action in favour of the defendant 1.2. Help Line: 1516 (24*7), 9870101337, 011-23071265 Email : lae-dslsa@gov.in 401, New Delhi, House 27, Barakhamba Road, New Delhi - 110 001 admeasuring 1076 sq. Respondent received the summons of the aforesaid suit on 14.07.2017. SCHEDULE. That the accompanying application has been prepared under my instructions. 37 of CPC prescribing the summary procedure for . 10-09-2009, Page 219. ft. situated at 2nd floor in a Commercial Complex known as "Omaxe Square" in Block No.14, Non-Hierarchy Commercial Center, District Center Jasola, New Delhi (hereinafter referred to as "the suit premises") and for recovery of unpaid arrears of rent and grant of permanent injunction. Chapter IIIA titled Pre-Institution Mediation and Settlement was introduced in 2018 by way of Amendment to the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('the Act') and was made retrospectively applicable from 03.05.2018.Chapter IIIA introduces Section 12A in the Act, which envisages a mandatory reference to mediation to attempt to . Suits over and above 2,0,000,000 lie before the High Court. M/s. Summary suit or summary procedure is given in order XXXVII of the Code of Civil Procedure, 1908. Legal Notice Formats. Schedule 1. A company has to execute countless commercial agreements and other contracts during the course of its business. E-filing has been started for Commercial Cases in Delhi District Courts w.e.f. Affidavit in support of application under Section 151 of CPC. ft. and comprising of one hall and a toilet on rent, from defendants 1 to 3 for a period of three years vide registered lease deed executed on 18.04.1995. Section 12A of the Commercial Courts Act provides parties with an alternative means to resolve disputes through discussions and negotiations with the help of a mediator. Ltd., having its Registered Office at #1, SIDCO Industrial Estate, Guindy, Chennai - 600 032 represented by its Authorized Signatory ("Lessor") hereinafter referred to as the 'LESSOR' (which expression shall unless repugnant to the context . I,________, do hereby solemnly affirm and declare as under :-. Procedure For Filing A Suit/Case. / Case Number - 2950 / Case Year - 2016 and CP No. 7. NEW DELHI, TUESDAY, AUGUST 21, 2018/SHRAVANA 30, 1940 (SAKA) . 'Rejoinder' is a second pleading by defendant in answer to plaintiff's reply i.e. Other suits to be instituted where defendants reside or cause of action arises—Section 20 of the Code provides " Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of . I am the party in the above suit and competent to swear this affidavit. While drafting a Commercial Suit for summary judgment following points have to be kept in mind in addition to the usual other points required for drafting an ordinary suit. Average time taken in disposal of Commercial Suits vis-à-vis IBC actions. ——— on which court fee of Rs. While this prima facie would appear to be violative of the cardinal principle of natural . e-filing for the cases under Commercial Courts Act is available from 01.03.2020; FOR FREE LEGAL AID - CONTACT 1516 (Toll Free ) (24X7) Pass a decree for recovery in favour of plaintiff thereby directing the defendant to pay a sum of Rs.—- along with p edente lite. No change. There is time limitation to file a suit within 3 years from the date of cause of action having arisen. Transfer of cases pending for more than five and ten years in MM courts. Suit for declaration thus can resolve any claim or counter claim between the parties with regard to any dispute on the basis of the declaration made by . 01.03.2020. Official Website : Delhi District Courts. 2. Rule 2 thereof provides, that an application for summary judgment may be made at any time after summons have been served on the defendant, till the framing of issues. Such time-limit may be extended at the discretion of the court, however, the same shall not exceed 120 days from the date of service of summons. Appendix 1: Format for Maintaining Data Under the Section 17 of the Act . The Bench ruled as under, ''I thus hold, that in the event of the written statement being filed without affidavit of admission / denial of documents, not only shall the written statement be not taken on record but the documents filed by the plaintiff shall also be deemed to be admitted and on the basis of which admission the Court shall be entitled to proceed under Order VIII Rule 10 of the CPC.'' There was a judgment in regards to eligibility given by the Hon'ble Central Administrative Tribunal of Delhi dated 3/Jan./2018 and 26/April/2018 in case number Case Type - O.A. The address for service of process etc. 4. 722/Rules/DHC Dated : 16.10.2018 In exercise of the powers conferred by Section 129 of the Code of Civil Procedure, 1908 and Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) and all other powers enabling it REGULAR APPEALS In regular appeal, the advocate's fee shall be paid at the rate specified for original suits above, subject to a minimum of Rs.3000/and maximum 12,000/- In case where fixed Court fee is paid the minimum shall be Rs.4, 000/-. Commercial courts disallow belated filing of documents. Leg. In the present. This petition has been filed by the petitioner challenging the order dated 25.02.2020 passed by the learned District Judge (Commercial Court-02), West District, Tis Hazari Courts, New Delhi, in Suit, being CS(COMM) No.448/2019, striking off the written statement filed by the defendant/petitioner herein from the record, and the order dated 20.10 . In the event of evicting a tenant, you can follow these steps. The court dismissed an application under order XI rule 1 (5) & 1 . A. Notice by Vendor to Complete the Purchase of Immovable Property. _____is paid. of NCT of Delhi, and Director of Education. by The Court Fee(Haryana Amendment) Act 2009(Act No 16 of 2009) for its application to the state of Haryana vide Notification No. Notice regarding online downloading facility of e-court fee. The provision has been made keeping in view certain suits, in order to prevent the unreasonable obstruction laid down by the defendant, who has no defence. _____is paid. THIS LEASE AGREEMENT made at Chennai on this 25 th day of May 2010.. BY AND BETWEEN . Notice By Landlord To Tenant For Demand Of Possession Of House After Expiry Of Lease Period. The summons in the district courts, insofar as they concern the Commercial Courts CM(M) 136/2020 Page 3 of 5 In view of the Commercial Courts, Commercial Division and Appellate Division of High Courts (Amendment) Act 2018, the Delhi High Court has transferred all commercial suits valued at or below Rs. 2 crore pending before it to the respective District Courts. Delhi High Court has held that the maximum period for filing reapplication or an affidavit for admission/denial of documents is 45 days and the same has to be mandatory followed. SYSTEM OF HEARING OF CASES BEFORE DELHI DISTRICT COURTS FROM 17.01.2022 TO 11.02.2022. "22. M/s SCG Contracts India Private Limited (Petitioner) filed a commercial suit (Suit) on 10 March 2017 against K S Chamankar Infrastructure Private Limited (Respondent) before the Hon'ble High Court of Delhi. The civil remedy for recovery of money is by way of institution of a suit in a court of appropriate jurisdiction. The summons were issued in the commercial suit on 16th August, 2021. When any suit or matter is heard by two or more Judges 42 6. For example, the pecuniary jurisdiction of the Courts in Delhi are as follows: Suits amounting to 2,0,000,000- lie before District Courts. THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS (AMENDMENT) ACT, 2018 . Application for supply of Digital Copy. Thereafter, by virtue of Order 20 Rules 6 and 7 the decree shall Replication is a pleading by plaintiff in answer to defendant's plea. 8. A civil suit begins when a legal person claims that he has been harmed by the actions of another person or business and asks the court for relief by filing a “complaint†. __ and interest, you are hereby summoned to cause an appearance to be entered for you, within TEN days from the service hereof, in default whereof the plaintiff will be entitled, after the expiration of the said period of ten days, to . 15,000 which sum the appellant allegedly owed to the respondent against a promissory note executed by the appellant in favour of the respondent. B may sue A either in Calcutta or in Delhi". Establishes commercial divisions in 5 high courts which have ordinary original civil jurisdiction, i.e., the High Courts of Delhi, Bombay, Calcutta, Madras and Himachal Pradesh. In that regard, it is 5. necessary to take note of Section 2(1)(c)(vii) of the CC Act, 2015. 'Replication' and 'rejoinder' have well defined meanings. The most interesting data arose from the Commercial Courts at Delhi, which were designated after the 2018 amendment. Download Affidavit Format. HIGH COURT OF DELHI: NEW DELHI NOTIFICATION No. Order XXXVII is a summary procedure. e-Filing in Commercial Courts. THIS LEASE AGREEMENT made at Chennai on this 25 th day of May 2010.. BY AND BETWEEN . _____, Khasara No. Gazette(Extra), Dt. LEASE AGREEMENT . LEASE AGREEMENT . That this suit is filed under Order XXXVII of the Code of Civil Procedure and no relief has been claimed which does not fall within the ambit of Order XXXVII. "Sec.2(1) In this Act, unless the context otherwise Exhibit 10.8 . The value of this suit for the purposes of court fee and jurisdiction is Rs. Rule 3 is as under: "3. Drafting of a Plaint Drafting of plaint on any issue is considered as most important in order to file the suit in the court and in this plaint drafted for the injunction on the use of unused land as a dumping area by the resident of Malviya Nagar, New Delhi that leads to health problem of the plaintiff due to huge collection of waste material and bad smell all the time. Pass the pendente lite interest and future interest @ 5% per mensem in favour of the Plaintiff till the date of realization of the loan advanced by the plaintiff to the defendant. Help Line: 1516 (24*7), 9870101337, 011-23071265 Email : lae-dslsa@gov.in The Commercial Courts Act, 2015 [Act No. Yes. 2 min read. Published on : 30 Jan, 2019, 10:08 pm. You can go through the procedure of e-filing to understand the step-by-step process for doing e-filing of commercial cases in Delhi District Courts. [1] Its object is to summarise the procedure of suits in case the defendant is not having any defence. National Service and tracking of Electronic processes It is therefore clear that O. (b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. Since the subject matter of the suit was a commercial dispute as defined under Section 2(c) of Commercial Courts Act, 2015, therefore, the suit was filed before the Commercial Division of Delhi High Court. 4 of 2016] [31st December, 2015.] Civil Procedure Code Order 37 provides for the summary procedure. Proforma of Attestation Form of Delhi Judicial Service. Supreme Court circulation regarding case proceeding dated 23.03.2020. The summary suit is a unique legal procedure used for enforcing a right in an efficacious manner as the courts pass judgement without hearing the defence. Counter Claims in Civil Suits - A Study By Prof (Dr) Mukund Sarda× 1.1. NEW DELHI: Fortis Healthcare on Monday said a US-based entity has filed a suit against it and various others, including IHH Healthcare Berhad, for alleged "copyright infringement and tortious . WHEREAS -1-, has instituted a suit against you under Order 37 of the Code of Civil Procedure, 1908, for Rs. The plaintiff/respondent herein filed a suit for declaration and permanent injunction to restrain the appellants from either directly or indirectly copying, using or enabling others to use the plaintiff's By this we ensure that the other party is properly informed as to what this notice is for and what will be its consequences. fee calculated, at the rates specified in Original Suits as above, subject to a minimum of 1250/-. D elhi High Court, in the case of Nitin Gupta v Texmaco Infrastructure & Holding, has once again sent a signal that the courts are determined to ensure ease of doing business in India by faster disposal of commercial suits. Section 1. It is essential to remember that the amount of pecuniary jurisdiction is different for all High Courts in India. No compromise without leave of Court in pauper suits 42 2. Recovery Suit or Ordinary Suit is a civil remedy under Order 4 of CPC for recovery of money. In November 2020, the Centre has filed an affidavit in the Supreme Court regarding the worsening situation of the COVID-19 pandemic in the National Capital. It is very much desirable and useful to keep in view certain important points in regard to the drafting of contracts, particularly commercial and international trade contracts. The agreement provided that the lincensor (The plaintiff) could terminate the license at any time by giving a 3 months' notice in writing to the licensee [The defendant]. That the contents of paras 1 to 5 of the accompanying application are correct and true to the best of my knowledge. Short title, extent and commencement. The relief of injunction in a suit for declaration is the consequential relief in most cases. Commercial cases defined—Commercial suits include suit arising out of the ordinary transactions of merchants, bankers and traders; and amongst others those relating to the construction of mercantile documents, export or import of merchandise, affraightment, carriage 8. 344/2018 in the matter of Rinku Singh vs. DSSSB, Govt. Vide another agreement of the same day, defendant No.4 leased the furnishings and fittings provided 37 of 1985 in the Court of Civil Judge, Senior division, Nasik, against the appellant for the recovery of Rs. 1 has clarified that the period of limitation for filing written statement in a commercial suit starts from the date of first service and not from the date of second service provided that the report by the bailiff shows that the first service was successful. Address: Central Office, Pre-Fab Building First Floor, Patiala House Courts, New Delhi - 110001. CMF Description, CMF build in 2015, cmf description. 3. I am sufficiently conversant with the facts of the case and have also examined Insurance and reinsurance disputes that exceed US$148,000, if not heard before the consumer fora, will now be heard and decided by the commercial courts. (iii) In August, 2021, the plaintiff filed a commercial suit for recovery against the defendant which was registered as CS (COMM.) Summary procedure is a legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods. An effective alternate remedy for such creditors could be exercised by filing a summary suit (commercial) under Order 37 of the Code of Civil Procedure (CPC), 1908, or a standard commercial suit as amended by the Commercial Courts Act, 2015.. Commercial division in high courts . Procedure for Online Gate Pass Registration. the document itself is called an agreement. 24/2009 Dt. (3) Where any provision of any Rule of the jurisdictional High Court or Commercial Court, Indore is itself competent to decide the suit in terms of the Commercial Courts Act, 20152. REVISED SYSTEM OF HEARING OF MATTERS BEFORE DELHI DISTRICT COURTS WITH EFFECT FROM 03.01.2022 TO 15.01.2022. A licence agreement was entered into between the plaintiff and defendant in respect of premises belonging to the plaintiff. Civil cases involve a conflict between people or institutions, generally over money. 25,000 on 26.02.2008 and is a consideration thereof executed a promissory note the like sum in favour of the plaintiff, agreeing to pay interest at 24% per annum. Above 2,0,000,000 lie before the High Court informed as to what this notice for... //Advdrshahnassociates.Com/A-Note-For-Drafting-Plaint-For-A-Commercial-Suit-For-Summary-Judgment-2/ '' > recovery suit - India Law Offices < /a > Exhibit 10.8 Replication is legal. Begins after the 2018 amendment amount of pecuniary jurisdiction is different for High! Avowed goal of expeditious disposal, all interlocutory the ordinary procedure Act, 2018 is consequential! Is time limitation to file a suit for... < /a > 6 a for summary judgment 4 the. Xi rule 1 ( 5 ) & amp ; 1 cases involve a between. Made several demands on the defendant for the repayment the Court grants leave to the defendant for the of...: //www.helplinelaw.com/civil-litigation-and-others/SUIP/procedure-for-filing-a-suitcase.html '' > recovery suit - India Law Offices < /a > Exhibit 10.8 ''. Way of a recent amendment in 2018, the facie would appear be! Of Lease Period at _____ restraining the defendant to contest the suit suits over and above lie. - Help Line Law < /a > Subs //lexcliq.com/sample-draft-of-plaint-recovery-of-money/ '' > a Note for Drafting Plaint for a Commercial on., do hereby solemnly affirm and declare as under: - competent to swear this affidavit ordinary procedure Agreement... Immovable Property HEARING of MATTERS before Delhi District Courts of money is often seen as a every. The Code of Civil Judge class - i at Indore suit No //lexcliq.com/sample-draft-of-plaint-recovery-of-money/ '' > DRAFT! Or counter-claim if any Purchase of Immovable Property after Expiry of Lease Period cases involve a conflict people! Five and ten years in MM Courts remember that the other party is properly informed as to what notice... Code of Civil procedure, 1908 e-filing facility 5 of the Code of Judge! Action is sending a legal notice > 6 arose from the date of cause action! Judicial Officers of South District for January 2022 is to summarise the procedure provided in order 37 of in... Under order XI rule 1 ( 5 ) & amp ; 1 and Director Education. Having any defence objections to jurisdiction, pre-emptory pleas, dialatory pleas, dialatory pleas, pleas. Ten years in MM Courts affirm and declare as under: & ;... Of money is often seen as a am the party in the above and... - Lawctopus < /a > Format for Civil suit been started for Commercial cases Delhi! Bites < /a > Format for Civil suit well defined meanings licence was... Of Education the date of cause of action having arisen the suit what this notice is for and will! < a href= '' https: //www.indialawoffices.com/knowledge-centre/recovery-suit '' > procedure for filing a Suit/Case - Help Line <... Of expeditious disposal, all interlocutory were issued in the Court dismissed an application under order XI rule (... 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And ten years in MM Courts Courts in India for filing a Suit/Case - Help Line <. //Advdrshahnassociates.Com/A-Note-For-Drafting-Plaint-For-A-Commercial-Suit-For-Summary-Judgment-2/ '' > Mothers Pride Education... vs Smt of e-filing to understand the step-by-step for. Disposal, all interlocutory to Quit for Non Payment of Rent ; 3 institutions generally. Action having arisen High Court of e-filing to understand the step-by-step process for doing of. > Lease Agreement made at Chennai on this 25 th day of 2010... Sending a legal notice: Delhi District Courts most interesting data arose from the date of cause of having... Been almost four years since the legislation commercial suit format delhi, Senior DIVISION, Nasik, the! 4 ) the plaintiff made several demands on the defendant from which sum appellant! Purchaser for Specific Performance of an Agreement a right that takes EFFECT faster and efficiently... 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