2026 (2) TMI 401

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.... Adv. Ms. Himika Saraf, Adv. For the Respondent: Mr. Rupak Ghosh, Adv. Mr. Nikunj Berlia, Adv. Mr. Varun Kothari, Adv. Ms. Urvashi Jain, Adv. DEBANGSU BASAK, J.:- 1. Affidavit of service filed in Court, is taken on record. 2. Appeal is at the behest of the defendant no.3 in a suit for specific performance and damages. 3. Four issues were framed in such suit. A fifth additional issue....

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....cular, he draws the attention of the Court to the second portion of the second issue initially framed which relates to the Act of 1973 and the enforceability of the agreement in the context of the Income Tax Act, 1961 and the Act of 1973. 6. Learned advocate appearing for the plaintiff submits that, the suit is pending since 1990 and should be heard and decided expeditiously. According to him, ....

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.... written statement ? iii) Is the plaintiff entitled to any damage as alleged in paragraph 17 and 18 of the plaint ? iv) To what relief, in any, is the plaintiff entitled ? 9. One additional issue was framed on January 4, 2023 which is as follows: v) Is the suit barred by Section 31 of the Foreign Exchange Regulation Act, 1973 ? 10. The additional issue framed on Ja....

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....al Judge noted that there are other issues which were initially framed on December 14, 1992 and such issues are required to be decided at the appropriate stage. 13. In such circumstances, it would be appropriate to clarify that, the decision rendered on the additional issue framed on January 4, 2023, by the impugned judgment and order, is limited to such issue. It is clarified that, the decisio....