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    <title>2023 (2) TMI 1187 - BOMBAY HIGH COURT</title>
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    <description>The court found a valid agreement for sale existed, but there was no privity of contract between the individual plaintiffs and the defendant. Specific performance was denied due to the plaintiffs&#039; failure to form a cooperative society as agreed. Misrepresentation by the plaintiffs led to the agreement being voidable, entitling the defendant to avoid it. The court ordered the defendant to refund the consideration amount of Rs. 4,25,000/- with 6% interest. The appeal was partly allowed, decree modified for refund, and cross-objection dismissed. Each party to bear their costs.</description>
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    <pubDate>Fri, 17 Feb 2023 00:00:00 +0530</pubDate>
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      <description>The court found a valid agreement for sale existed, but there was no privity of contract between the individual plaintiffs and the defendant. Specific performance was denied due to the plaintiffs&#039; failure to form a cooperative society as agreed. Misrepresentation by the plaintiffs led to the agreement being voidable, entitling the defendant to avoid it. The court ordered the defendant to refund the consideration amount of Rs. 4,25,000/- with 6% interest. The appeal was partly allowed, decree modified for refund, and cross-objection dismissed. Each party to bear their costs.</description>
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