2025:BHC-OS:15249 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.4679 OF 2025 IN SUIT NO.147 OF 2025 Indiaideas.com Limited ....Applicant IN THE MATTER BETWEEN Indiaideas.com Limited ....Plaintiff V/S

1 Supreme Chambers Condominium &

2 Supreme Industries Limited ....Defendants WITH INTERIM APPLICATION NO.3624 OF 2025 IN SUIT NO.147 OF 2025 Indiaideas.com Limited ....Applicant IN THE MATTER BETWEEN Indiaideas.com Limited ....Plaintiff V/S

1 Supreme Chambers Condominium &

2 Supreme Industries Limited ....Defendants _________

Mr. Karl Tamboly with Mr. Tushad Kakalia, Mr. D.J. Kakalia, Mr. Paresh Patkar and Ms. Bhakti Chandan i/b M/s. Mulla & Mulla &

Craigie Blunt & Caroe, for the Applicant/Plaintiff.

Mr. Zal Andhyarujina, Senior Advocate i/b Ms. Aparna Devkar, for Defendant No.1.

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CORAM : SANDEEP V. MARNE, J.

RESERVED ON : 12 SEPTEMBER 2025.

PRONOUNCED ON : 16 SEPTEMBER 2025.

J U D G M E N T

1. The Interim Application No. 3624 of 2025 is filed seeking temporary injunction during pendency of the suit for restoration of the Plaintiff’s possession of the suit property and for restraining Defendant No.1 from obstructing Plaintiff’s use of the Segment-A terrace. Plaintiff further seeks temporary injunction to restrain Defendant No.1 from selling, alienating and disposing of the Segment A terrace and from carrying out any repairs, maintenance or construction work thereat.

2. By order dated 14 July 2025, this Court has passed ad-interim relief in favour of the Plaintiff in terms of prayer clauses (a), (b) and (d) of the Interim Application. Plaintiff has alleged breach of ad-interim injunction granted vide order dated 14 July 2025 and has accordingly filed Interim Application No.4679 of 2025 under provisions of Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908 (the Code). Interim Application No.3624 of 2025 is not on board. With consent of learned counsel appearing for the parties, the same is taken on board. Since pleadings in both the Applications are complete, the same are taken up for hearing and disposal with the consent of learned counsel appearing for rival parties.

3. Plaintiff’s case as pleaded in the plaint, in brief, is that Defendant No.2 has constructed a commercial building known as “Supreme Chambers” comprising of basements, part stilts at ground-floor and 10 upper floors and an open terrace on the 11^th floor. The open terrace on the 11^th floor is divided into two parts viz. Segment-A and Segment-B. Defendant No.2-Developer executed Declaration dated 29 October 2009 by submitting the land and the building under the provisions of Maharashtra Apartment Ownership Act, 1970 (Apartment Ownership Act). The Declaration inter alia designated Segment A terrace on 11^th floor as appurtenant to Unit Nos. 1001 and 1002 located on the 10^th upper floor whereas Segment B terrace having utilities such as chiller-room, platforms, pumps etc. was designated as common areas and facilities. According to Plaintiff, designation of Segment A terrace as appurtenant to Unit Nos.1001 and 1002 made the owner of the said two units entitled to exclusive use of the same.

4. Plaintiff purchased Unit Nos.1001 and 1002 in the building vide registered Deed of Apartment dated 4 September 2018 together with exclusive right to use Segment A terrace and 25 car parking spaces alongwith 7.28% in common areas and facilities appurtenant to the units for total consideration of Rs.55 crores. Plaintiff was put in possession of Segment A terrace on the 11^th floor alongwith Unit Nos.1001 and 1002 upon execution and registration of the agreement. An Association of Apartment Owners in the building Supreme Chambers was formed, who is Defendant No. 1 to the suit. Plaintiff addressed letter dated 12 September 2018 to the first Defendant-Association informing it that Segment A terrace formed part of the units purchased by the Plaintiff. According to Plaintiff, Defendant No.1 never objected to Plaintiff's exclusive use