Purnima Krunal Patel vs M/S Patel Developers
2023 Latest Caselaw 10295 Bom

                                                     18-CPCD(L)-5779-2023.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                 CONTEMPT PETITION (L) NO.5779 OF 2023
                                 IN
                COMMERCIAL SUMMARY SUIT NO.858 OF 2018

PURNIMA KRUNAL PATEL                               )...PETITIONER

         V/s.

M/S. PATEL DEVELOPERS AND ORS.                     )...RESPONDENTS

Ms.Mansha Bhatia, Advocate for the Petitioner and for the Plaintiff in
COMSS/858/2018.
Mr.Nirman Sharma a/w. Mr.Krushang Kedia i/by Mr.Girish Kedia,
Advocate for the Respondents No.1 and 2 and for the Defendants in
COMSS/858/2018.


                           CORAM       :     ABHAY AHUJA, J.

                           DATE        :     5th OCTOBER 2023

P.C. :

1. This Contempt Petition has been preferred alleging breach of the

order dated 16th April 2018 whereby an ad-interim order restraining

the Defendants from transferring or alienating or creating any third

party rights in Plot No.7, Street No.913, Gaiwadi Industrial Estate, Off.

S.V.Road, Goregaon (West), Mumbai - 400 062 was passed.

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2. Ms.Mansha Bhatia, learned Counsel for the Plaintiff, would

submit that by entering into Service Agreement dated 23 rd August 2022

whereby one of the partners of the Defendants has agreed to provide to

one Shri Salasar Balaji Automobiles and Services Private Limited (Trade

name Rudraa Ford), which is the other party, with services including a

6000 sq.feet covered structure for repairs and service of motor cars by

the said firm, 12 to 15 car parking spaces, separate place for ramp

installation to facilitate washing and cleaning of motor cars, in addition

to boring water for initial service charges of Rs.4,41,000/- per month

for a period of 4 years with the service charge to increase every year

along with a security deposit of Rs.30,00,000/-, and by entering into a

user Agreement for utilising warehouse facility with one Calama

Industries (P) Ltd. and Ator Healthcare (P) Ltd., which is supplemental

to Memorandum of Understanding for utilisation of warehousing

facility for monthly service charges of Rs.3,50,000/- for a period of 5

years with increase in rent every year and a lock in period of 3 years

with a security deposit of Rs.25,00,000/- has breached the injunction

dated 16th April, 2018 granted by this Court.

3. After the matter is heard for some time, in order to support her

contentions, learned Counsel seeks some time to furnish judgments.

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4. Let the learned Counsel come up with the supporting judgments

by the next date.

5. List on 19th October 2023.

                                                                   (ABHAY AHUJA, J.)




                               avk                                                           3/3
Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge
Date: 07/10/2023 18:43:24