The Motion for interim relief arises in a suit which has been instituted principally to enforce the obligation of the developer under the Maharashtra Ownership Flats Act, 1963 (“the Act”). Counsel appearing on behalf of the Plaintiffs has, at the present stage, urged submissions in support of prayer clauses (c ), (d) and (e) of the Motion by which an order of injunction has been sought:

(i) Restraining the First Defendant from putting up any additional construction, horizontally or vertically in the building in question, contrary to the layout and the sanctioned plan without the specific consent of the Plaintiffs under Section 7 of the Act;

(ii) Restraining the First Defendant from using, selling and disposing of or creating third party rights or interests in the flat constructed on the 18th Floor or any other upper floors to be constructed; and

(iii) Restraining the Third Defendant – the Municipal Corporation, from approving any amendment to the lay out and building plans without the specific consent of the Plaintiffs under Section 7 of the Act.

2. The suit relates to a building situated on Final Plot 138, TPS-III at Senapati Bapat Marg, Matunga, Mumbai