ITEM NO.11 COURT NO.13 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.8837/2022 [Arising out of impugned final judgment and order dated 17-03-2022 in APL No. 8104/2020 passed by the High Court of Judicature at Bombay]

SHAHED KAMAL & ORS. Petitioner(s)

VERSUS PAGARANI UNIVERSAL INFRASTRUCTURE PRIVATE Respondent(s)

LIMITED & ORS.

(IA No. 71731/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 47260/2023 - EXEMPTION FROM FILING O.T., IA No. 150668/2023 - EXEMPTION FROM FILING O.T., IA No. 73339/2023 - EXEMPTION FROM FILING O.T., IA No. 47257/2023 - INITIATING CONTEMPT PROCEEDINGS, IA No. 46191/2023 - INITIATING CONTEMPT PROCEEDINGS, IA No. 112991/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 9714/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES & IA No. 73338/2023 -

PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH W.P.(C) No. 334/2023 (X)

Date : 29-04-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) :

Dr. Menaka Guruswamy, Sr. Adv.

Mr. Ajay Panicker, Adv.

Mr. Sureshan P., AOR Ms. Shaswati Parhi, Adv.

Mr. Shivam Yadav, Adv.

Ms. Arunima Das, Adv.

Mr. Utakarsh Pratap, Adv.

Signa ture No t Ve rifi ed Mr. Utkarsh Pratap, Adv.

Digita lly s ign ed b y Ms. Bhumika Yadav, Adv.

VISHAL ANAND Date: 2025.05.06 Reason:

For Respondent(s) :

Mr. Nitin Lonkar, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR Mr. Paramjit Singh Patwalia, Sr. Adv.

Mr. Prasenjit Keswani, Sr. Adv.

Mr. Upmanyu Tewari, Adv.

Mr. Nitin Sangra, Adv. Mrs. V. D. Khanna, AOR Mr. Prasenjit Keswani, Sr. Adv.

Ms. Pooja Dhar, AOR Ms. S. Ambica, Adv.

Mr. Tushar Mehta, Solicitor General Mr. Kanu Agrawal, AOR Ms. Srishti Agarwal, Adv.

Mr. Digvijay Dam, Adv.

Mr. Gaurav Vats, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. This Special Leave Petition arises from the order passed by the High Court of Judicature at Bombay dated 17-3-2022 in Appeal (L) No.8104/2020 in Interim Application (L) No.3986/2020 with Notice of Motion No.1358/2019 in Suit No.610/2019 by which the High Court dismissed the appeal filed by the petitioners – herein and thereby affirmed the common order dated 25-11-2020 passed by the learned Single Judge dismissing the Notice of Motion No.1358/2019 and Interim Application (L) No.3986/2020 filed by the petitioners –

herein in the Suit.

2. This litigation has something to do with a parcel of land being Plot No.288/2013 situated at Plot No.288/B, at Amrut Nagar, Bandivali Village, Jogeshwari (West), Mumbai admeasuring 6912.25 sq.mts. developed as “Universal Garden” `A Wing’.

3. This parcel of land was owned by one Mr. Nanji Arjun Rathod and later the interest came to be devolved on his legal heirs and one Mr. Bhupendra Nanji Rathod.

4. The learned counsel appearing for the petitioners has provided us with the list of dates and events.

5. As we intend to dispose of this petition without going into the merits or demerits of the impugned order, it is not necessary for us to reproduce the facts in detail. However, the following list of dates and events would suffice: -

6. At this stage, we must record the objections on behalf of the developer, as raised by Mr. P.S. Patwalia, the learned counsel so far as Sl.No.12 dated 27-1-2017 is concerned.

7. According to the petitioners, as far as the documents referred to at Sl.No.12 of the list of dates and events are concerned, the same were suppressed. We are not getting into this controversy at this stage. It will be for the Trial Court to look into and also its effect but we do record the strong objection at the end of Mr.

Patwalia.

8. In the suit instituted by the petitioners, the following has been prayed for:-

“a) That it be declared that by selling all the flats in the Plaintiffs' building known as Universal Garden-l constructed on Plot No. 288/B, bearing Survey No.36, HissaNo.7 and Correspon