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Bombay High Court
Hrub Infra Projects Private Limited vs The Mumbai Municipal Corporation Thr ... on 6 April, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-AS:16249
20.AOST.6000.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST) NO. 6000 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 6001 OF 2026
WITH
COURT RECEIVER'S REPORT NO. 8 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 9032 OF 2026
IN
APPEAL FROM ORDER (ST) NO. 6000 OF 2026
Mozam Ali Mir Appellant / Orig.
.. Plaintiff
Versus
The Mumbai Municipal Corporation and Ors. Respondents /
.. Orig. Defendants
....................
Mr. Anil Sakhare, Senior Advocate a/w. Ms. Aruna Savla, Ms. Divya
V. Parab, Mr. Suraj Chauhan and Ms. Rashi Visaria, Advocates i/by
Ms. Divya V. Parab for Appellant.
Mr. Birendra Saraf, Senior Advocate a/w. Mr. Vaibhav Charalwar,
Mr. Yash Jain, Advocates i/by Yash Jain for Respondent No.4.
Mr. Ashish Kamat, Senior Advocate a/w. Mr. Aditya Miskita, Mr.
Shiraj Salelkar, Ms. Samiksha Rajput and Ms. Palak Saecha,
Advocates i/by Lexicon Law Partners for Respondent No.5 - HRUB
Infra.
Ms. M.M. Satam, Section Officer, Court Receiver, High Court
present.
....................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 06, 2026.
P.C.:
1. Heard Mr. Sakhare, learned Senior Advocate for Appellant;
Mr. Saraf, learned Senior Advocate for Respondent No.4 and Mr.
Kamat, learned Senior Advocate for Respondent No.5 (Developer).
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2. On 04.03.2026, after hearing Mr. Sakhare, learned Senior
Advocate, the following order was passed:-
"1. Not on Board. Mentioned by way of filing praecipe dated
04.03.2026. Perused the praecipe.
2. Heard Mr. Sakhare, learned Senior Advocate for
Appellant.
3. At the outset Mr. Sakhare would submit that Appellant
who is Plaintiff in the Trial Court be permitted to implead
Developer as party in the present Appeal from Order. In view of
exigency mentioned by Mr. Sakhare and the facts of the present
case, I am inclined to allow impleadment of Developer in
Interim Application and Appeal from Order. Necessary
amendment is permitted to be carried out within a period one
week from today. Reverification stands dispensed with.
4. The only grievance of Plaintiff who is occupant of flat
No.601 in the subject building of Defendant No.4 - Society is
that in view of C-1 category report given by Society at behest of
Developer, the occupants of building will not be entitled to
transit rent as also additional area. According to Plaintiff,
building is in repairable state of affairs which is justified by
atleast in five C-2B reports to which reference has been invited
by Mr. Sakhare and same having been considered while passing
impugned order.
5. Mr. Sakhare makes a point that C-1 category Report has
been given by Society within a period of three days after
entering into the development Agreement on 05.05.2025. He
would submit that said Report has been given at the behest of
the Developer to deny the legitimate rights of the members and
their entitlement to transit rent and additional area. He would
submit that the development Agreement has been entered into
by the Society without following the due process of law by
calling for an appropriate General Body Meeting of the Society.
6. He would submit that only anxiety expressed by the
member of the Society is that in such a scenario occupants will
not be entitled to transit rent and additional area as per
development Agreement which has been executed on
21.06.2024. He would also submit that since C-1 category is
accepted it would also deprive occupants like Plaintiff and other
members of the Society of PAAA.
7. Having perused the impugned order and the fact that
there were five reports of C-2B category in respect of Society's
building which when juxtaposed with the report given by the
Society and TAC, an arguable case has been made out by Mr.
Sakhare for grant of relief in terms of prayer clause (c) of the
Interim Application. Undoubtedly the Society will be heard by
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the Court.
8. Mr. Sakhare would submit that Plaintiff is residing in the
property and therefore grave apprehension is expressed that in
view of the order passed by the learned Trial Court essential
supplies of the building will be disconnected.
9. In that view of the matter, I propose to hear the
Defendants / Society. In view of above, there shall be ad-interim
relief in terms of prayer clause (c) of the Interim Application
which reads thus:-
"c. That pending the hearing and final disposal of the
present Appeal from Order, the Respondents, their
servants, agents, employees or any person claiming
through them be restrained by an order of injunction
of this Hon'ble Court from disconnecting the water
connection and electricity as well as from
demolishing the suit building or dispossessing the
Applicant and members in respect of the building
known as Homestead Cooperative Society Ltd.,
situated at Final Plot No. 703, T.P.S. III (Mahim),
Balamiya Lane, Mahim, Mumbai 400 016 in any
manner."
10. Hence, issue notice to Respondents.
11. Humdast permitted. In addition to Court's notice,
Appellant /Applicant is directed to serve the Respondents a copy
of this order, Interim Application and Appeal from Order and
inform about the next date of hearing by any permissible mode
of service and file appropriate affidavit of service with tangible
proof thereof.
12. Respondents shall filed Affidavit-in-Reply within a period
of two weeks from today. Affidavit-in-Rejoinder, if any to be
filed within a period of one week thereafter.
13. Stand over to 26th March 2026.
14. Praecipe is disposed."
3. Thereafter on 26.03.2026, the following order was passed:-
"1. Not on Board. Mentioned. Perused the order dated
04.03.2026.
2. Heard Mr. Saraf, learned Senior Advocate for Respondent
No.4 and Mr. Kamat, learned Senior Advocate for Respondent
No.5.
3. The facts in the present case as pointed out by Dr. Saraf
and Mr. Kamat are extremely gross. What is pointed out is
completely contrary to what was submitted by Mr. Sakhare,
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learned Senior Advocate when order dated 04.03.2026 was
passed. Appellant is the only person who has not vacated and is
obstructing development. Further Appellant is also not in
occupation of the said premises.
4. I am informed that there is dispute with respect to
entitlement of Appellant's flat in the development which is in
question in the Civil Court. Dr. Saraf's above contention are duly
endorsed by Mr. Kamat.
5. Be that as it may, Appeal from Order is also not served till
today on the Society. Appellant should come clean before the
Court in such type of matters. Developer has received the copy of
Appeal from Order only last night. Copy of Appeal from Order
shall be served on the Society forthwith by Appellant's Advocate.
6. I propose to dispose the present Appeal from Order on
next date after hearing Appellant which shall be noted by
Appellant in the facts and circumstances of the present case.
Appellant is directed to remain present on the next adjourned
date.
7. I am informed that Appeal from Order is listed on
26.03.2026 at serial No.100. List the Appeal from Order on 26th
March 2026 on 'Supplementary Board'."
4. Learned Senior Advocates informed the Court that Developer
has agreed to provide additional area in respect of the terrace area to
the extent of 35% in addition to the flat area held by Plaintiff -
Appellant in the PAAA and the redeveloped premises at par with
similarly placed cases in the Society.
5. Court Receiver has complied with above order and filed
Report.
6. Matter is heard today.
7. In the meanwhile, certain discussions have been taken
between the Appellant - Plaintiff and the Developer with the Society
also being in the picture.
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8. Developer impleaded in the present matter is present before
the Court duly represented by Mr. Kamat. He informs the Court that
draft PAAA has already been exchanged with Plaintiff - Appellant and
subject to minor corrections/discrepancies as pointed out by Plaintiff's
Senior Advocate Mr. Sakhare, the said Agreement stands practically
approved.
9. Needless to state that the additional area which has been
agreed upon by the Developer to the extent of 35% of the terrace area
shall be included in the draft PAAA in accordance with law and
Plaintiff - Appellant will be entitled to the benefit thereof also.
10. Mr. Kamat persuades the Court to pass appropriate orders in
handing over the suit flat to Developer after taking appropriate
measurement of the terrace area.
11. In view of the above, by consent of parties, it is directed that
the Court Receiver shall visit the subject suit flat for measurement of
the terrace area on 07.04.2026 tomorrow at 12:00 noon. Developer
shall keep his licensed architect available tomorrow to measure the
extent of the terrace area and the flat area in presence of Appellant -
Plaintiff and Society representative and accordingly apprise the same
to the Court Receiver who shall make a Report of the measurement.
12. The Court Receiver shall prepare a Report in compliance of
this order and accordingly file the said Report in Court for compliance
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and give the copy of the said Report to all the parties concerned within
one week. Once the measurement is done tomorrow, by 03:00 p.m.
the Court Receiver is directed to hand over possession of the subject
flat and terrace area to the newly impleaded Respondent No.5 -
Developer and append the receipt of possession to the Report.
13. Any goods / inventory of Plaintiff - Appellant which are
lying in the subject suit flat are directed to be removed tomorrow itself
by Appellant which he shall do. Since Appellant is handing over
possession of suit flat, he will be entitled to payment of transit rent as
decided between parties.
14. The aforesaid order is subject to any order that will be
passed in the pending Suit No.1775 of 2021 which is filed against the
predecessor-in-title of the Plaintiff - Appellant by third parties in the
Civil Court regarding the suit flat.
15. Needless to state that in view of the aforesaid directions and
orders passed by the Court as also the directions contained in the
previous orders which are delineated herein above, Plaintiff -
Appellant shall indemnify the Developer and the Society that in the
event of any claim by any of the third parties is made he shall be
responsible for meeting the same. Necessary clauses with respect to
the indemnity by Plaintiff - Appellant have been incorporated in the
PAAA as informed by Mr. Kamat.
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16. Needless to state that PAAA is directed to be executed by the
Developer in favour of Plaintiff - Appellant because the Court Receiver
has filed the Report pursuant to the previous orders passed by the
Court of having found Plaintiff - Appellant in possession of the subject
suit flat.
17. In view of the above, Appeal From Order is disposed.
18. The Suit pending before the learned Trial Court shall be
withdrawn by Plaintiff - Appellant on the basis of a server copy of this
order. Learned Trial Court shall allow to do so.
19. Costs of the Court Receiver's Report shall be paid by the
Developer in accordance with law.
20. In view of the above order and disposal of Appeal From
Order, pending Interim Application (St.) No.6001 of 2026 and Interim
Application (St.) No.9032 of 2026 are accordingly disposed.
21. In view of the above order, pending Court Receiver's Report
No.8 of 2026 is accordingly disposed on due compliance.
[ MILIND N. JADHAV, J. ]
Ajay
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.04.06
18:10:42 +0530
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