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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
In The Matter Of - Pankh Properties Private Limited – Appellant
Versus
Rusi Sorabji Khambatta – Respondent
| Table of Content |
|---|
| 1. interim applications heard on merits together. (Para 1 , 3 , 4) |
| 2. absolute assignment of leasehold rights completed. (Para 2 , 6) |
| 3. unilateral termination of registered deed invalid. (Para 5 , 7 , 8) |
| 4. supplemental redevelopment agreement independently frustrated. (Para 9 , 19 , 24) |
| 5. lack of mmc permission regularizable, not voiding. (Para 10 , 11 , 12) |
| 6. eviction litigation rights assigned to plaintiff. (Para 13 , 14) |
| 7. shareholding change irrelevant to assignment. (Para 15 , 16 , 27) |
| 8. counterclaim unsubstantiated, afterthought counterblast. (Para 17 , 18 , 20 , 21) |
| 9. prima facie case and balance favor injunction. (Para 28 , 29 , 30) |
| 10. plaintiff's relief granted, defendant's rejected. (Para 31 , 32 , 33) |
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Khandeparkar, learned Advocate for Applicant / Plaintiff in Interim Application No.7408 of 2025 and Mr. Pai, learned Advocate for Applicant in Interim Application (L) No.2426 of 2026 Defendant Nos.1 and 4. In Suit No. 359 of 2025, Interim Application No. 7408 of 2025 is filed by Plaintiff for grant of interim reliefs under Order XXXIX Rules 1 & 2 of CPC. In Counter Claim (L) No. 2369 of 2026, Interim Application (L) N
Registered absolute assignment of leasehold rights, fructified by full consideration and possession transfer, cannot be unilaterally terminated after 13 years citing separate frustrated redevelopment....
The court emphasized that a Title Certificate deemed acceptance of title, and plaintiffs' 18-year delay in seeking interim relief precluded their claims, highlighting the importance of readiness and ....
Appeal – Appellate Court cannot reevaluate entire evidence and arrive at conclusion contrary to conclusion arrived at by trial Court unless said order is found to be invalid, illegal, arbitrary, perv....
The assignment of tenancy rights under the guise of business transfer is unlawful unless it meets specific legal criteria, emphasizing genuine intent to continue the original business.
A temporary injunction cannot be granted if a similar application has been previously rejected without a substantial change in circumstances, ensuring judicial consistency.
Transactions executed after the commencement of winding-up proceedings are void under Section 536(2) of the Companies Act unless validated by the court, reinforcing the need for evidence that such tr....
The assignment of a business must involve genuine continuity of the same business; otherwise, it constitutes unlawful subletting under the Bombay Rent Act.
An assignment of rights made in violation of a court's injunction is treated as a nullity, and the transferee cannot claim any rights or be added as a party to ongoing proceedings based on such an as....
Possession follows title for vacant land, and the plaintiff's entitlement to relief is based on establishing title and possession.
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