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Bombay High Court

Mayurpankh Co-Operative Housing ... vs Surya Landmarks Developers Pvt. Ltd. ... on 28 September, 2021

Author: G.S. Patel

Bench: G.S. Patel

                                                        31-IAL-15831-2021 IN COMS-182-2021.DOC




                      Arun
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                      IN ITS COMMERCIAL DIVISION
                             INTERIM APPLICATION (L) NO. 15831 OF 2021
                                                        IN
                                  COMMERCIAL SUIT NO. 182 OF 2021


                      Mayurpankh CHSL                                             ...Plaintiff
                            Versus
                      Surya Landmarks Developers Pvt Ltd & Ors                ...Defendants


                      Mr Amogh Singh, i/b DP Singh, for the Applicant/Plaintiff.
                      Mr Piyush Pandey, i/b Smit K Nagda, for the Defendant.


                                            CORAM: G.S. PATEL, J
                                            DATED: 28th September 2021
                      PC:-


                      1.

There was a Development Agreement between the Plaintiff society and the 1st Defendant developer. It was dated 12th February 2013. The development followed the usual pattern of non performance by the developer. The society terminated the Development Agreement by its letter of 20th January 2021 and also cancelled and revoked a Power of Attorney dated 12th February ARUN RAMCHNDRA 2013 by its notice of 21st January 2021. SANKPAL Digitally signed by ARUN

2. The developer has initiated no proceedings to challenge these RAMCHNDRA SANKPAL Date: 2021.09.29 10:33:51 +0530 terminations.

28th September 2021 31-IAL-15831-2021 IN COMS-182-2021.DOC

3. Mr Pandey's instructions today are simply to say that there are settlement talks. There may well be. But that cannot mean that an ad-interim order in terms of prayer clause (a)(i), (a)(ii), (a)(iii) and (b) can be resisted, as Mr Singh for the Plaintiff quite correctly points out. Those prayers reads thus:

(a) That pending the hearing and final disposal of the present suit, this Hon'ble Court be pleased to issue an order and temporary injunction restraining the Defendants either by themselves or through their agents, servants, hirelings or any person claiming through and under them from:-

(i) Creating any third-party rights or in any manner dealing with that piece and parcel of land bearing Survey No. 61, Hissa No.3 & 5, Sub Division Plot No.8, CTS No. 280-A, admeasuring approximately 786 sq mtrs for thereabout situated at Village Kanheri, Taluka-Borivali and the structures constructed thereon or any part thereof, or any development potential in that regard;

(ii) Entering upon all that piece and parcel of land bearing Survey No. 61, Hissa Nos. 3 and 5, Sub Division Plot No.8, CTS No. 280-A admeasuring approximately 786 sq mtrs for thereabout situated at Village Kanheri, Taluka-Borivali and the structures constructed thereon or any part thereof or in any manner interfering with the possession of the Plaintiff.

(iii) In any matter interfering with the redevelopment process with the redevelopment process to be undertaken by the Plaintiff either by themselves or through any other person on all that piece and parcel of land bearing Survey No. 61, Hissa Nos. 3 and 5, Sub Division Plot No.8, CTS No. 280-

A, admeasuring approximately 786 sq mtrs for Page 2 of 3 28th September 2021 31-IAL-15831-2021 IN COMS-182-2021.DOC thereabout situated at Village Kanheri, Taluka Borivali and the structures constructed thereon or any part thereof.

(b) Pending the hearing and final disposal of the present suit, this Hon'ble Court be pleased to order and directed Defendant Nos. 1 to 3 to deliver and produce the original Development Agreement dated 12th February 2013 and Power of Attorney dated 12th February 2013 before this Hon'ble Court and further direct that they be deposited with the Prothonotary and Senior Master of this Hon'ble Court."

4. There will thus be an ad-interim order in these terms.

5. If they wish to file an Affidavit in Reply, the Defendants are to do so and serve a copy on or before 14th October 2021. An Affidavit in Rejoinder, if any, is to be filed and served on or before 28th October 2021.

6. Let Motion be returnable for hearing in the week of 22nd November 2021.

7. Liberty to the Plaintiffs to apply for ad-interim reliefs for an appointment of the Court Receiver should the need arise.

8. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 3 of 3 28th September 2021