Bombay High Court
M/S. Agam Buildtech, Thr. Its ... vs M/S. Mars Investments Private ... on 21 September, 2022
Bench: Makarand Subhash Karnik
5. ao 351.21.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by URMILA
URMILA PRAMOD
PRAMOD INGALE
Date:
INGALE 2022.09.22
14:19:12 +0530
APPEAL FROM ORDER NO. 351 OF 2021
WITH
INTERIM APPLICATION NO. 3031 OF 2021
M/s. Agam Buildtech and anr. .. Appellants
vs.
M/s. Mars Investments Private Ltd. and ors...Respondents
Adv. Girish S. Godbole a/w. Adv. Kishore Shriyan and Adv.
Bhavika Thingalaya i/b MST Legal for the Appellant.
Adv. D. V. Sawant a/w. Mr. Priyank Kulkarni and Ms. Manali
Sawant i/by. Mr. Jayesh Talekar for Respondent No. 1.
Adv. Shishir Joshi i/b Adv. Priti S. Joshi for Respondent
Nos.2 to 8.
Adv. Rohit Sakhdeo i/b Sakhdeo & Associates for Respondent
Nos.9 to 11.
CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 21, 2022
P.C. :
1. The Appellant has filed the present Appeal against the
Judgment and Order dated 20th April, 2021 passed by the
learned Jt. Civil Judge, Senior Division Panvel, below Exhibit
64 in Special Civil Suit No. 150 of 2017 whereby the
Appellant / Defendant No. 11 has been restrained from
5. ao 351.21.doc
creating third party interest in the Suit property which is
being developed, except 12 + 5 flats and two shops in
respect of which third party interest had already been
created by the Appellant.
2. The Appellant and Respondent No.1, being the contesting
Respondent, agree that the Appeal may be disposed of in
terms of the Minutes of Order and no reasons are required to
be recorded for disposal of the present Appeal in terms of
the Minutes of Order.
3. The parties have tendered the minutes of the order
duly signed by the authorised signatory of the appellants and
advocate for the appellants as well as the respondent no. 1
(original plaintiff) and advocate for the respondent no.1. The
minutes of the order along with annexure I and annexure II
thereof are taken on record and marked 'X' for identification.
4. The impugned Judgment and Order dated 20th April,
2021 is, hereby partly set aside, modified and substituted in
terms of the Minutes of Order as below:
a) The Appellant has agreed and is directed not to sell or
allot or create any third-party rights or interest in
5. ao 351.21.doc
respect of eight residential flats being Flat Nos. 404,
503, 601, 602, 608, 701, 702 and 708 particulars of
which are annexed in a Chart annexed to this Minutes
of Order as Annexure-I. Based on the market values
evidenced by the agreements for the twelve flats
which are already executed and registered by the
Appellant in favour of third parties. The Appellant
declares that the market value of the said eight flats
would be Rs. 4,05,86,883/- (Rupees Four Crores Five
Lakhs Eighty-Six Thousand Eight Hundred and Eighty-
Three Only) which is calculated on the basis of the
value of Flat No.604 for which the Agreement for Sale
dated 31/12/2020 has been executed and registered
at Sr. No. 362/2021 on 08/01/2021. The Appellant
agrees and is directed not to create any third party,
rights, title and / or interest in the said eight flats till
the said Special Civil Suit No. 150 of 2017 is decided
by the Trial Court.
b) It is made clear that the order passed by the Trial
Court granting injunction is now restricted only in
5. ao 351.21.doc
respect of the said eight flats. It is further made clear
that the Appellant will not claim any equities in the
proceedings of the suit on account of being allowed to
create third party interest in respect of the remaining
flats, excluding the aforesaid eight flats.
c) The Appellant is further directed that every
prospective purchaser in whose favour the Appellant
would now be entitled to create third party interest
(except the aforesaid eight flats mentioned in
Annexure-I) shall be informed about the pendency of
the Special Civil Suit No. 150 of 2017. It is further
directed that in every subsequent agreement or
allotment letter which would be executed/issued by
the Appellant in respect of flats which would be agreed
to be sold/allotted, a specific clause regarding the
present order and the pendency of the Suit shall be
inserted, the text of the said clause as approved by
the respective advocates of the Appellant and
Respondent No. 1 is enclosed to this Minutes of Order
as Annexure-II.
5. ao 351.21.doc
d) It is further directed that the Appellant shall upload a
copy of this order on the MAHA RERA Website.
e) It is made clear that the order passed in the present
Appeal is without prejudice to the rights and
contentions of the respective parties in the present
Appeal as also in the suit and shall not be construed
to be an expression of opinion on the merits of the
controversy involved in the Appeal or the suit and all
the contentions are kept open to be decided by the
Trial Court on its merit, without being influenced by
the present order.
f) The hearing of Special Civil Suit No. 150 of 2017 is
expedited.
5. The Appeal from Order is
disposed of in the aforesaid
terms with no order as to costs.
In view of the disposal of the
Appeal, Interim Application No.
3031 of 2021 does not survive
and the same is disposed of.
5. ao 351.21.doc
(M. S. KARNIK, J.)
