JUDGMENT :-

(Per Sandeep V. Marne, J.)

1) These are cross-appeals filed by the Plaintiff and Defendant No.1-Society, challenging the order dated 24 October 2024 passed in Interim Application (L) No. 28499 of 2023 by which the learned Single Judge has refused to grant temporary injunction in favour of the Plaintiff-Developer to restrain the Defendant No.1-Society from appointing any other developer for redevelopment of Society’s building. Aggrieved by refusal to grant temporary injunction in its favour, Plaintiff- Developer has filed Commercial Appeal No. 45 of 2025. While permitting Defendant No.1-Society to implement redevelopment through another developer, the learned Single Judge has observed that the new developer (Defendant No. 2) shall obtain Plaintiff’s NOC for carrying out the redevelopment work. Defendant No.1-Society is aggrieved by imposition of the above condition by the learned Single Judge and has accordingly filed Commercial Appeal (L) No. 17320 of 2025.

2) Brief facts leading to the filing of the present appeals are as under:

A registered Development Agreement and Power of Attorney was executed between the Plaintiff-developer and Defendant No. 1-Society on 16 December 2