Bombay High Court
Siddharth Nagar Parijat Cooperative ... vs White Water Developers on 13 August, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
9-IAL-20862-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 20862 OF 2024
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 20561 OF 2024
IN
SUIT NO. 112 OF 2021
Siddharth Nagar Parijat Co-operative
Housing Society Ltd. ... Applicant
Versus
White Water Developers and another ... Respondents
WITH
COMMERCIAL EXECUTION APPLICATION (L) NO. 20561 OF 2024
IN
SUIT NO. 112 OF 2021
............
Mr. Amogh Singh alongwith Ms. Krutisha Pandey, Ms. Zalak Sheth, Ms.
Monika Shekhawat and Mr. Nirav Kania instructed by Mr. Bhavin
Bhatia, Advocate for the Applicant/Plaintiff.
Mr. Nikhil Wadikar (through VC) alongwith Mr. Nandu Pawar and Mr.
Vijay Gangan, Advocate for the Respondent No.1.
............
CORAM : ABHAY AHUJA, J.
DATE : 13 AUGUST 2025
P.C. :
1. This matter was kept back in the morning session as the
learned Counsel appearing for the Judgment Debtor was not available.
2. When the matter is called out in the afternoon session, the
learned Counsel appearing for the Judgment Debtor draws this Court's
9-IAL-20862-2024.doc
attention to a communication dated 31st August 2024 which his
colleague, who is present in Court, tenders across the bar, submitting
that a request was made on behalf of the Judgment Debtor to the
Judgment Creditor to consent to the appointment of a new Architect
for the purposes of redevelopment. That therefore since the time of
filing of the consent terms on 6th February 2024, the Respondents have
been sincerely pursuing the compliance.
3. On the other hand, Mr. Singh, learned Counsel, appearing for
the Applicant submits that earlier after termination, the consent terms
were entered into and filed in this Court on 6 th February 2024. That in
terms of the said consent terms, the Defendant No.1-developer had
agreed and undertaken to obtain the full commencement certificate
within 45 days. That it was further agreed, confirmed and undertaken
that notwithstanding whatever is stated in the development agreement
dated 10th September 2015, upon the Defendant No.1-developer not
complying with any of the terms of the consent terms, the Plaintiff-
society would have the right and discretion to terminate the
development agreement as well as the power of attorney and upon
such termination the parties would stand absolved of their rights and
obligations.
9-IAL-20862-2024.doc
4. Mr. Singh submits that there has been no compliance either
with the consent terms or with any subsequent promises that have been
made by the Defendant No.1. That neither the development has
progressed nor any payments have been received. That therefore on
22nd July 2025, the development agreement dated 10 th September 2015
as well as the power of attorney have in accordance with paragraph 16
of the consent terms been terminated. Mr. Singh submits that today he
is only seeking relief in terms of prayer clause (c)(vi), which is a
direction and order to the Defendant No.1-Judgment Debtor, from in
any manner interfering with the redevelopment process to be
undertaken by the Plaintiff/Decree Holder either by themselves or
through any other developer/person on the suit property.
5. Mr. Singh has also pointed out the reply filed by the
Defendant No.1 which only states that presently the firm is facing
serious financial crisis due to the reasons beyond the control of the
firm, but the firm is doing its best to arrange funds to clear the
remaining dues payable to each of the member of the society as agreed
in the Consent Terms.
6. I have heard the learned Counsel appearing in the matter and
also considered their submissions. Despite the submissions made on
behalf of the Defendant No.1-developer, it cannot be denied that the
9-IAL-20862-2024.doc
Defendant No.1 has failed to abide by the obligations in terms of the
said consent terms. It does not appear that the Defendant No.1 is in a
position to comply the consent terms. The development agreement and
the power of attorney have admittedly been terminated on 22 nd July
2025. Admittedly there is no challenge to the said termination. The
Society is well within its rights to appoint another person to redevelop
the suit property.
7. In the circumstances, this Court is of the view that for now
the relief in terms of the following prayer clause (c)(vi) be granted :
(c) Pending the hearing and final disposal of this
execution application, this Hon'ble Court shall be pleased to
pass Order and injunction restraining the Defendant
No.1/Judgment Debtor or any of them by themselves, their
servants, agents and all persons claiming through them
from :-
(vi) In any manner interfering with the
redevelopment process to be undertaken by the
Plaintiff/Decree Holder either by themselves or
through any other developer/person on the suit
property.
8. List for consideration of other prayers on 1st October 2025.
(ABHAY AHUJA, J.)
