[Cites 1, Cited by 0]
Bombay High Court
M/S Ashapura Developers vs Maa Ashapura Developers on 25 March, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
39. CPCDL 37962-25 in COMSS 12-25 @ IA 6448-25 and IA 6441-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION (L) NO. 37962 OF 2025
IN
COMMERCIAL SUMMARY SUIT NO. 12 OF 2025
M/s Ashapura Developers ...Petitioner
vs.
Maa Ashapura Developers ...Defendant
WITH
INTERIM APPLICATION NO. 6448 OF 2025
WITH
INTERIM APPLICATION NO. 6441 OF 2025
Mr. Kevic Setalvad, Senior Advocate with Mr. Rajendra Shah, Mr.
Bhushan Shah, Mr. Akash Jain, Ms. Reshaya Malhotra, Mr. Gaurav
Edekar and Mr. Divyang Salvi i/b Mansukhlal Hiralal & Co. for the
Petitioner / Plaintiff.
Mr. Karl Tamboly with Mr. Divyang Shukla i/b LJ Law for the
Defendants / Respondents in IA 6448/25 and for the Applicants in IA
6441/25.
CORAM : ABHAY AHUJA, J.
DATE : 25th MARCH, 2026
P.C. :
1. When the matter is called out, Mr. Setalvad, learned Senior
Counsel appears for the Plaintiff /Applicant and submits at the outset
that as regards Flat No. G-703 in respect whereof there is a leave and
license agreement as referred to in the affidavit filed on behalf of the
Respondent-Defendant and a copy whereof has been handed over
separately, the said leave and license to the knowledge of the
Respondent-Defendant had been entered into in the month of August,
2025 and that the Respondent-Defendant had knowledge of the same
39. CPCDL 37962-25 in COMSS 12-25 @ IA 6448-25 and IA 6441-25.doc
at the time when the order of status-quo was passed on 9 th October,
2025 and also subsequently on 6th November, 2025, but the same was
not pointed out. That it was incumbent upon the Respondent to make
the said disclosure and that, there has been a contempt of the orders of
status-quo of this Court.
2. The said submissions are vehemently opposed by Mr. Tamboly,
learned Counsel appearing for the Respondent, submitting that as on
the date of the order of the status-quo on 9 th October, 2025 as well as
on 6th November, 2025 and subsequently, the leave and license was in
force having been created in the month of August, 2025 and that there
has been no breach of the order of status-quo passed by this Court.
3. Mr. Setalvad, learned Senior Counsel appearing for the
Applicant/Plaintiff has submitted that this Court may direct the
Defendant to replace the said Flat No. G-703 with another flat, which is
vacant and in respect whereof there is no encumbrance or any other
such obligation including under a leave and license agreement and
until then in respect of Flat No. G-703, no further leave and license
agreement be permitted beyond the tenure of the present leave and
license.
39. CPCDL 37962-25 in COMSS 12-25 @ IA 6448-25 and IA 6441-25.doc
4. Upon a query from this Court with respect to the instructions as
to whether the matter can be referred to mediation, as suggested and
recorded in the order dated 11 th February, 2026, after some discussions,
the learned Senior Counsel for the Applicant/Plaintiff and learned
Counsel for the Respondent, on instructions, suggest the name of Mr.
Aditya N. Mehta, Counsel of this Court to act as a Mediator.
5. Accordingly, Mr. Aditya N. Mehta is appointed as Mediator. His
contact details are as under:-
Name : Mr. Aditya N. Mehta.
Address : 4th Floor, Techno Heritage Bhilding,
76, Nagindas Master Road, Fort, Mumbai-400 006.
Email : [email protected]
Mobile : 9619290824
6. The parties are directed to approach the learned Mediator
within a period of one week.
7. Learned Mediator to conduct meetings as per mutual
convenience. The parties to co-operate with the learned Mediator and
to equally bear the costs, charges and fees of the learned Mediator.
8. The learned Mediator to endeavour to submit his report before
this Court by the next date.
39. CPCDL 37962-25 in COMSS 12-25 @ IA 6448-25 and IA 6441-25.doc
9. As regards the request of Mr. Setalvad, learned Senior Counsel to
replace the flat No. G-703, Mr. Tamboly submits that he will take
instructions on the same within a period of two weeks and place those
instructions before the learned Mediator.
10. Having heard the learned Senior Counsel for the
Applicant/Plaintiff and the learned Counsel for the Respondent, list on
6th May, 2026.
11. Subject to further orders of this Court, it goes without saying that
the leave and license with respect to the Flat No. G-703 not to be
extended beyond the present tenure under the leave and license
agreement dated 30th August, 2025.
(ABHAY AHUJA, J.)
