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    <title>2008 (11) TMI 743 - BOMBAY HIGH COURT</title>
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    <description>The memorandum of understanding was treated as a concluded and specifically enforceable development arrangement because it recorded the full bargain for demolition, redevelopment, tenant accommodation, flat allocation, parking and terrace rights, with the plaintiff to use available FSI and purchased TDR. The contemplated later formal development agreement did not make the arrangement incomplete, since the essential terms had already been settled and the document had been acted upon through purchase of TDR, accommodation arrangements and recognition as co-owner. It was not merely a construction contract and was not excluded from specific enforcement under the Specific Relief Act. Injunction protection against creation of third-party rights over the TDR was therefore justified.</description>
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    <pubDate>Mon, 10 Nov 2008 00:00:00 +0530</pubDate>
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      <title>2008 (11) TMI 743 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=303352</link>
      <description>The memorandum of understanding was treated as a concluded and specifically enforceable development arrangement because it recorded the full bargain for demolition, redevelopment, tenant accommodation, flat allocation, parking and terrace rights, with the plaintiff to use available FSI and purchased TDR. The contemplated later formal development agreement did not make the arrangement incomplete, since the essential terms had already been settled and the document had been acted upon through purchase of TDR, accommodation arrangements and recognition as co-owner. It was not merely a construction contract and was not excluded from specific enforcement under the Specific Relief Act. Injunction protection against creation of third-party rights over the TDR was therefore justified.</description>
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