Quick Summary: Shree Construction Company filed a lawsuit against Bagwe Housing Pvt. Ltd. and others, but the court dismissed it because they waited too long to file. The case involved disputes over property rights and agreements that were made years ago.
Shree Construction Company, a partnership firm, had a legal battle with Bagwe Housing Pvt. Ltd. and others. The main issue was about property development rights and agreements dating back to the 1990s. Shree Construction claimed that certain property rights were unfairly taken away from them.
Initial Agreement: On July 15, 1994, Bagwe Housing Pvt. Ltd. got development rights from the Pande family for a property in Andheri, Mumbai.
Power of Attorney: The Pande family gave Bagwe Housing the authority to act on their behalf regarding the property.
Construction Contract: In 1999, Bagwe Housing signed a contract with Shree Construction to build on parts of the property.
Surrender Deeds: In 2006, Bagwe Housing gave up its rights back to the Pande family, which Shree Construction argued was unfair.
Shree Construction's Claim: They argued that the Surrender Deeds were invalid because they weren't consulted and had existing rights due to earlier agreements.
Defendant's Argument: The defendants, represented by Mr. Sharan Jagtiani, claimed that Shree Construction knew about the deeds in 2009 but didn't file a lawsuit until 2016, which was too late according to the rules.
Judge Kamal Khata's Ruling: The court found that Shree Construction's case was filed too late. According to the rules, they should have filed by 2012, three years after they knew about the deeds.
No Direct Agreement: The court noted that Shree Construction didn't have a direct agreement with the Pande family or Amey Realty, meaning they couldn't enforce rights against them.
Dismissal: The case was dismissed against the Pande family and Amey Realty because it was filed too late and didn't have a valid reason.
The court decided that Shree Construction waited too long to file their case, and because they didn't have direct agreements with all the parties involved, their case was dismissed.
