Ketan Himatlal Mehta v. Vaibhav Development Corporation And 6 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by CHAITANYA ASHOK JADHAV Date:

2026.04.22 11:57:02 +0530 CHAITANYA ASHOK JADHAV IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 5410 OF 2025 IN COMMERCIAL SUIT NO. 8 OF 2023 Ketan Himatlal Mehta ...Applicant In the matter between :

Ketan Himatlal Mehta ...Plaintiff

Versus

Vaibhav Development Corporation And 6 Ors.

...Defendants WITH INTERIM APPLICATION NO. 6880 OF 2025 IN SUIT NO. 227 OF 2018 Mr. Ziyad Madon a/w Murari Madekar i/b Madekar & Co., for Plaintiff.

Adv. Umang Mehta i/b Adv. Siddesh Borkar, for Defendant Nos.1 and 2.

Adv. Yassesh Kamdar a/w Neha Patil i/b Akshay Vijay Kamble, for Defendant No.5.

Mr. Sunil C. Khandagale i/b Komal Punjabi, for the Respondent -BMC.

Mr. Vishal Thaker a/w Anjali Trivedi, Mulansho Vora, for Defendant No.6.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 20, 2026 ORDER :

1.

Learned Advocate for the Applicant in Interim Application No. 5410 of 2025, fairly states that the Application has become infructuous, in view of subsequent developments, in particular, the Municipal Authorities having issued Occupation Certificates despite protests by the Applicant regarding pending issues concerning the DP Road.

2.

In these circumstances, Interim Application No. 5410 of 2025 is disposed of as infructuous.

3.

Issues would now need to be framed in the Suit. Parties are directed to share draft issues with one another to attempt to arrive at an agreed common set of issues, leaving it to the Court to bridge any gaps in their agreement over the framing of the issues. 4.

Let such exercise be done within a period of one week from today. Stand over to May 4, 2026, under the caption 'Framing of Issues'.

5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] Chaitanya