2022:BHC-AS:28317 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 43 OF 2022 WITH INTERIM APPLICATION NO.214 OF 2022 IN APPEAL FROM ORDER NO.43 OF 2022 QED Properties Private Limited, a Company registered under the Companies Act, 1956, and having its office at Sea Face House, 99A, Walkeshwar Road, Mumbai 400 006. ..Appellant (Original Plaintiff)

v/s.

1. Maharashtra State Road Development Corporation Limited. (A Government of Maharashtra Undertaking), having its address at N.S.Road, Opposite Dena Bank, Priyadarshini Park, Mumbai 400 036.

2. Vice Chairman & Managing Director, Maharashtra State Road Development Corporation Limited. (A Government of Maharashtra Undertaking), having its address at N.S.Road, Opposite Dena Bank, Priyadarshini Park, Mumbai 400 036.

3. State of Maharashtra through Principal Secretary, Road Department, having its address at Mantralaya, Mumbai 400 032. ..Respondents WITH APPEAL FROM ORDER NO. 68 OF 2022 WITH INTERIM APPLICATION NO.274 OF 2022 IN APPEAL FROM ORDER NO.68 OF 2022 M/s. Regent Bhairavi Corporation.

A Registered Partnership firm represented by its partners :

1. Ramdas Kondiram Shende Aged – 60, Occu. Business

2) Kuldeepak Ramdas Shende Aged – 38, Occu. Business Both having its office at Food Mall Mumbai – Pune Expressway, Near Khalapur Toll Naka, 1000 Mtr. Ahead, Khalapur, Dist. Raigad ….. Appellant (Orig. Plaintiff)

v/s.

1. Maharashtra State Road Development Corporation And

2. The Chairman of Maharashtra State Road Development Corporation both No.1&2 having its office at Bandra Reclamation Bus depot, Next to Lilavati Hospital, K.C. Marg, Bandra (East), Mumbai – 400 050. ….. Respondents (Org. Deft in the suit)

Mr. Mayur Khandeparkar a/w. Ankit Lohia a/w. Zulfiqar Jariwala a/w. Shabbir Jariwala, a/w. Ganesh Ambekar i/b.

MDP & Partners for the Appellants in AO/43/2022.

Mr. Ruchir L. Tolat i/b. L.C. Tolat for the Appellants in AO/68/2022.

Mr. Milind Sathe, Sr. Advocate a/w. Prashant Chawan with Arun Siwach with Ms. Priyanka Mitra with Karan Gandhi i/b. Cyril Amarchand Mangaldas for the Respondents in AO/68/2022.

Mr. Milind Sathe, Sr. Advocate a/w. Prashant Chawan a/w.

Rajmani Varma a/w. Ms. Tejashree Savratkar i/b.

Navdeep Vora & Associates for the Respondent Nos.1 and 2 in AO/43/2022.

Ms. Tanaya Goswami, AGP for the Respondent No.3 in AO/43/2022.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 18th NOVEMBER, 2022.

JUDGMENT :-

1. These appeals under Section 96 of the Civil Procedure Code are filed against the Order dated 22.12.2021 passed by the learned Civil Judge, Senior Division, Panvel in Special Suit No. 493 of 2017. By the impugned order, the learned Judge dismissed the application for temporary injunction (Exhibit 5) filed by the aforesaid Appellants seeking to restrain the Respondents-Defendant from selling, transferring, conveying, assigning, alienating or creating third party right or encumbrance in respect of Plot A and Plot C (hereinafter referred to as ‘the suit plots’) or any part thereof and or from handing over possession and carrying out any constructions or development activity in the suit plots in any manner, and further from acting upon the letter dated 15.06.2015 pending hearing and final disposal of the suit.

2. The Appellants and the Respondents shall be hereinafter referred to as the Plaintiffs and the Defendants respectively. The Defendant No.1 is a Government of Maharashtra undertaking, constituted inter alia for construction, development and maintenance of roads, bridges, flyovers etc. The State of Maharashtra (Defendant No.2) had acquired land for construction of Pune Mumbai Expressway and handed over the land to the Defendant No.1 for initial period of 30 years, which was extendable to 99 years. The Defendant No.1 constructed the Express Highway and decided to sublease the surplus land along the expressway at Sanigaon for development. Accordingly, Defendant No.1 floated tender for a long lease of 80 years in respect of six plots described as Plot A to Pl