LAWS(SC)-2022-9-2

LIFE INSURANCE CORPORATION OF INDIA Vs. SANJEEV BUILDERS PRIVATE LIMITED

Decided On September 01, 2022
LIFE INSURANCE CORPORATION OF INDIA Appellant
V/S
Sanjeev Builders Private Limited Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is at the instance of a defendant in a suit filed by the respondents herein (original plaintiffs) for the specific performance of contract based on an agreement dtd. 8/6/1979 and is directed against the judgment and order passed by the High Court of Judicature at Bombay dtd. 13/12/2018 in the Appeal [L] No. 499 of 2018, arising from the order passed by a learned Single Judge on its ordinary original civil jurisdiction side in the Chamber Summons No. 854 of 2017 in the Suit No. 894 of 1986 dtd. 11/9/2018. The Chamber Summons was allowed by the High Court at the instance of the plaintiffs, permitting the plaintiffs to amend the plaint. The order passed by the High Court in the Chamber Summons came to be affirmed by a Division Bench in the Appeal [L] No. 499 of 2018. The High Court permitted the plaintiffs to amend the plaint, seeking to enhance the amount towards the alternative claim for damages.

(3.) It appears from the materials on record that the respondents herein are the original plaintiffs and the appellant herein is the original defendant in the Suit No. 894 of 1986, pending as on date in the High Court of Judicature at Bombay on its original side. The said suit has been instituted seeking specific performance of the agreement dtd. 8/6/1979. In the alternative, the plaintiffs have also prayed for damages. The plaintiffs moved the Chamber Summons No. 854 of 2017, inter alia, seeking enhancement of the amount towards damages on the grounds, more particularly, set out in the affidavit filed in support of the said chamber summons.