J. Hasmukh And 3 Ors. vs Vishwamangal Housing Pvt. Ltd. And Ors.
2026 Latest Caselaw 2000 Bom

Bombay High Court

J. Hasmukh And 3 Ors. vs Vishwamangal Housing Pvt. Ltd. And Ors. on 23 February, 2026

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                 901. S 332-13 @ connected matters.doc


                 THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                               SUIT NO. 332 OF 2013

 J. Hasmukh and Ors.                                               ...Plaintiffs
            V/s.
 Vishwamangal Housing Pvt. Ltd. and Ors.                           ...Defendants

                                   WITH
                    NOTICE OF MOTION (L) NO. 1996 OF 2019
                                   WITH
                    INTERIM APPLICATION NO. 2554 OF 2024
                                   WITH
                    INTERIM APPLICATION NO. 2559 OF 2022
                                   WITH
                    INTERIM APPLICATION NO. 6207 OF 2025

 Mr. Vatsal Shah with Mr. Nikhil Rajani i/b V. Deshpande & Co. for the
 Plaintiffs.
 Mr. Mehul Shah for the Defendants No. 1 and 2.
 Mr. Rajesh Kachare for the Defendants No. 3(a) to 7(g).
 Mr. O.A. Das for the Bank of India.
 Mr. Swayam Chopda, OSD, Court Receiver.


                           CORAM    :     ABHAY AHUJA, J.

                           DATE     :     23rd FEBRUARY, 2026
 P.C. :

1. This matter has been listed today for framing of issues. The

following issues are framed by consent of the learned Counsel

appearing for the parties :

ISSUES

1.Whether the Suit is barred by law of limitation ?

901. S 332-13 @ connected matters.doc

2. Whether the present Suit is maintainable?

3. Whether the Defendant Nos. 4 to 14 prove that the above

suit is collusive suit between the Plaintiffs and the Defendant

No. 1 to circumvent the decree dated 30 th March, 2005 passed

by City Civil Court in Suit No. 4715 of 2004?

4. Whether the present Suit is bad and not maintainable in the

absence of Order II Rule II leave?

5.Whether the Suit Agreement dated 1 st June, 2009 is void, bad

in law and illegal in view of the decree dated 30 th March, 2005

in Bombay City Civil Court Suit No. 4715 of 2004?

6. Whether the Plaintiffs prove that they are entitled to specific

performance of the Suit agreement viz. Memorandum of

Understanding dated 1st June, 2009 at Exhibit-C of the Plaint?

7. Whether Defendants No. 4 to 14 prove that they have right

in the suit property and they are entitled to any share in the

suit property?

8. Whether the Defendants No. 4 to 14 prove that they have

valid, binding and subsisting charge on the suit property?

9. Whether the Plaintiffs prove that they are ready and willing

to perform their part of the suit agreement?

10. Whether the Plaintiffs prove that they are entitled to decree

901. S 332-13 @ connected matters.doc

for a sum of Rs. 18,75,000/- and future lease rental as per

particulars of claim annexed at Exhibit D to the Plaint?

11. whether the Plaintiff proves that the decree dated 30th

March, 2005 passed in Bombay City Civil Court Suit No. 4715

of 2004 is non est, null, void and not binding upon the Plaintiff

and whether the same is liable to be set aside and quashed?

12. In the event the Hon'ble Court comes to the conclusion

that the Plaintiff is not entitled to specific performance,

whether the Plaintiffs prove that they are entitled to damages

in a sum of Rs. 30,00,00,000/- (Rupees Thirty Crores only)

with future interest at 18% per annum from Defendants no. 1

and 2 as per Exhibit E to the Plaint?

13. What order / decree ?

14. Whether the Plaintiff is entitled to costs and if so in what

amount ?

2. Let the Plaintiff within a period of six weeks file an affidavit of

examination-in-chief of the Plaintiff's witness along with affidavit and

compilation of documents duly indexed and paginated and serve the

same upon the Defendant alongwith list of Plaintiff's witnesses.

901. S 332-13 @ connected matters.doc

3. Discovery and inspection to be completed within a period of two

weeks thereafter.

4. Defendant to file statements of admission and denial within a

period of two weeks thereafter with a copy to the other side.

5. List for marking of Plaintiff's documents on 4th May 2026.

6. Let the Plaintiff's witness remain present on the next date.

Interim Application No. 6207 of 2025

7. Let copies of the said Interim Application be served on all

concerned during the course of the week.

8. Let reply, if any, be filed in two weeks thereafter with copy to the

other side. Rejoinder in a week thereafter with copy to the other side.

9. List the Interim Application on 30th March, 2026.

(ABHAY AHUJA, J.) Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2026.02.23 18:28:12 +0530