[Cites 0, Cited by 0]
Bombay High Court
Shri Dilip Parashuram Toraskar vs M/S. Parorch Developers L.L.P. And 5 ... on 16 April, 2026
Sayyed 902-S.152.2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.152 OF 2015
WITH
NOTICE OF MOTION NO.414 OF 2015
Dilip Parashuram Toraskar ...Plaintiff
Versus
M/s. Parorch Developers L.L.P. & Ors. ...Defendants
_____________________________________________________
Ms. Sapna Krishnappa for the Plaintiff.
Mr. Devansh Bheda a/w Ms. Praharshi Saxena for Defendant Nos.1 &
3 to 5.
Ms. Vidhi Chhadva i/b Shah & Furia Associates for Defendant No.6.
_____________________________________________________
CORAM : JITENDRA JAIN, J.
DATE : 16 APRIL 2026
P.C.:
1. In 14th line of paragraph 1 of the order dated 15 April 2026,
before the sentence "the said notice dated 24 November 2025 and ......"
add "Subject to proving the contents."
2. The original order be corrected and uploaded on the website
and in any case, the present order should be read alongwith the original
order dated 15 April 2026.
3. Serial no.21 of Exhibit-PA is a show cause notice dated 3
March 1993 issued under Section 44 of the Maharashtra Land Revenue
Code, 1966. The said document is referred to in paragraph 17 of the
examination-in-chief. Mr. Bheda, learned counsel for defendant nos.1
and 3 to 5 states that he is not a party to this document. Subject to the
said objection, the document is marked as Exhibit P-18.
1 of 4
Sayyed 902-S.152.2015.doc
4. Serial no.22 of Exhibit-PA is an original order dated 16 April
1993 passed by the Additional Tahsildar and addressed to Sir
Mohammed Yusuf Trust. The said document is referred to in paragraph
18 of the examination-in-chief. The name of the plaintiff is appearing in
the said order. The said document is marked as Exhibit P-19.
5. Serial no.23 of Exhibit-PA is original payment receipt dated 16
April 1993 evidencing payment of Rs.306/-. This is an original receipt
and same is referred to in paragraph 19 of the examination-in-chief by
the plaintiff. Mr. Bheda states that he is not a party to this document.
Subject to the said objection, this document is marked as Exhibit P-20.
6. Serial no.24 of Exhibit-PA is a copy of letter by Silver Moon
Co-operative Housing Society dated 14 August 1997. The said letter is
referred to in paragraphs 20, 21 and 22 of the examination-in-chief. The
document is an application to the Principal Secretary, Housing
Department, Mantralaya and same has been received under an RTI. The
PW-1 in his examination-in-chief in paragraph 22 has stated that the
office copy is handed over to defendant no.2 and he would be giving
notice under Section 64 of the Bharatiya Sakshya Adhiniyam, 2023 to
defendant no.2 to produce the same. PW-1 is present in the Court and
he confirms that he has sent a letter to defendant no.2 to produce the
office copy of letter dated 14 August 1997. He tenders tracking report
from Department of Post Government of India which states that the
item is delivered on 10 December 2025. The said letter is taken on
record as a party of is examination-in-chief as Exhibit-24(1). Mr. Bheda
has no objection to the notice under Section 64 of the BSA being taken
on record and the receipt issued by Department of Post Government of
India. Mr. Bheda states that PW-1 should have issued notice under
Section 64 of the BSA to the Principal Secretary, Housing Department,
2 of 4
Sayyed 902-S.152.2015.doc
Mantralaya for producing the same and only on the failure thereof
could have issued notice to defendant no.2. Subject to the said
objection, copy of letter dated 14 August 1997 in Marathi script is taken
on record and marked as Exhibit P-21. Ms. Krishnappa, learned counsel
for the plaintiff states that the plaintiff has got the document of 14
August 1997 translated by the Chief Translator of this Court and same is
annexed with the said letter. The copy of the notice issued under
Section 64 of the BSA to defendant no.2 alongwith the receipt issued by
Department of Post Government of India is marked as Exhibit P-22.
7. Serial no.25 of Exhibit-PA is a copy of letter dated 30 August
1997 issued by Additional Collector (Encroachment) to PW-1. The said
letter is referred to in paragraphs 23 and 24 of the examination-in-chief.
PW-1 has issued notice under Section 64 of the BSA to defendant no.2
to produce the office copy, though according to the learned counsel for
the defendants, the said notice at the first instance should have been
issued to the Housing Department of Mantralaya. The notice issued to
defendant no.2 under Section 64 has already been marked as Exhibit P-
22 in which this document is also referred to. Subject to the objection
raised by the learned counsel for the defendants, this document is
marked as Exhibit P-23.
8. Serial no.26 of Exhibit-PA is a document obtained by PW-1
under RTI and it contains a newspaper cutting dated 15 August 1994
and written submission filed on behalf of Shri Pundalik Vaman Nayak
with Additional Collector Controller of Slums. The reference to this
document can be found in paragraph 25 of the examination-in-chief.
Mr. Bheda states that the document obtained under RTI are not certified
copy as required under Section 60 of the BSA. Subject to the said
objection, the document is marked as Exhibit P-24. Insofar as this
3 of 4
Sayyed 902-S.152.2015.doc
document is concerned, PW-1 in examination-in-chief has stated that
the contents of this document is false and incorrect. Therefore, there is
no need for this Court to pass an order with regard to proving the
contents of the document.
9. Serial no.27 of Exhibit-PA is a copy of reply filed by PW-1 and
same is obtained under RTI. On a query, Mr. Bheda has objected to this
document on the ground that in the examination-in-chief, it is not
mentioned as to where the office copy of this document is since same
was filed by PW-1 in his capacity as Secretary / Chief Promoter of Silver
Moon Co-operative Housing Society Limited. Mr. Bheda further objects
that this is not a certified copy as required under Section 60 of the BSA.
This document is referred to in paragraph 26 of the examination-in-
chief. Subject to the contents being proved, this document is marked as
Exhibit P-25.
10. Marking of documents to continue on 20 April 2026 at 1:00
p.m.
[ JITENDRA JAIN, J. ]
Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 16/04/2026 18:25:36 4 of 4
