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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO.379 OF 2022

ALONG WITH

INTERIM APPLICATION NO.2617 OF 2022

M/s. H.S. Construction

]

… Appellant

Vs.

Mohite Realtors & Anr.

]

… Respondents

ALONG WITH

APPEAL FROM ORDER NO.380 OF 2022

ALONG WITH

INTERIM APPLICATION NO.2619 OF 2022

Pantnagar Sai Bhavan Co-op. Housing

Society Ltd.

]

]

… Appellant

Vs.

Mohite Realtors

]

… Respondent

…

Mr. Ashish Kamath with Mr. Yatin Malvankar, Mr. Harsh Murjani

i/b Mr. Digvijay Sarangdhar for the appellant in Appeal from

Order No.379 of 2022.

AJN

JAYARAJAN

ANJAKULATH

NAIR

Digitally signed by

JAYARAJAN

ANJAKULATH NAIR

Date: 2022.04.22

15:26:53 +0530

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Mr. Prasad Dani, senior counsel i/b Bhosle & Co. for the appellant

in Appeal from Order No.380 of 2022.

Mr. Shanay Shah with Mr. Mahesh Chitnis i/b Chitnis Vaithy &

Co. for respondent No.1 in Appeal from Order No.379 of 2022 and

for sole respondent in Appeal from Order No.380 of 2022.

…

CORAM

: SMT. BHARATI DANGRE, J.

DATED

: 21^ST APRIL, 2022.

P.C. :-

1.

These two appeals involve three players, one being the Co-

operative Housing Society and the two developers i.e. M/s. Mohite

Realtors and M/s. H.S. Constructions. The Society, whose

building is under development, is alleged to have issued two

documents, one being an allotment letter to redevelop the suit

property and the other, a consent letter given by some of it’s

members in favour of M/s. Mohite Realtors. Pertinent to note that

the Society comprises of 32 members and the land was allotted to

it by MHADA and, necessarily, the development was to fall within

the purview of rules and regulations prescribed by MHADA.

2.

The Society, through some of it’s members and, to be

specific 24, terminated their consent in the letter of allotment on

28/08/2021 and this constrained M/s. Mohite Realtors to file a

civil suit seeking specific performance and a direction to the

Society to enter into a development agreement with them.

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3/6 29 AO-379.22.odt

3.

A notice of motion came to be filed in the said suit vide

Notice of Motion No.964 of 2021 and the motion specifically

sought a relief, that it shall be declared that the plaintiff has been

validly appointed as the Developer by the defendant-Society vide

letter of appointment dated 22/03/2021 issued by the members of

the Managing Committee of the Society, by passing unanimous

Resolution dated 21/03/2021. A direction was also sought to

execute and register such other documents and writings, including

a registered development agreement, power of attorney, etc.

It is not in dispute that this notice of motion is still pending

for adjudication before the learned Judge of the Bombay City Civil

Court.

4.

Opposing the notice of motion, the Society filed a reply

pointing out that a new Developer is already appointed viz. M/s.

H.S. Constructions and even an agreement for development was

also executed. However, since the notice of motion is pending, the

specific stand of the respective parties was not accounted for.

5.

Mr. Dani, the learned senior counsel makes a specific

statement that the building has been demolished and all the 32

occupants have vacated the premises. This statement is

contradicted by the learned counsel appearing for the erstwhile

developer, M/s. Mohite Realtors, by submitting that only some

portion of the building is demolished, but the structure is standing

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on the land, as on date.

A chamber summons came to be filed in the suit by the

plaintiff M/s. Mohite Realtors, for impleadment of new developer

M/s. H.S. Constructions in the suit and even this chamber

summons is not yet decided and is scheduled for hearing, today.

6.

Thereafter, a draft notice of motion came to be filed by M/s.

Mohite Realtors on 11/04/2022 seeking a relief that pending the

hearing and final disposal of the chamber