Jagdamba Co-Operative Housing Society Limited Thr. Its Chairman Shri. Kamlesh Pal v. M/S. Parisparsh Partnership Firm Thr. Its Managing Partner Dhanashree Rajesh Bhosale

by VARSHA VIJAY RAJGURU Date:

2025.04.07 20:39:30 +0530 VARSHA VIJAY RAJGURU 37-ao-179-2025-ia-3823-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 179 OF 2025 WITH INTERIM APPLICATION NO. 3823 OF 2025 IN APPEAL FROM ORDER NO. 179 OF 2025 Jagdamba Co-operative Housing Society Limited through its Chairman Shri Kamlesh Pal ... Appellant/Applicant vs.

M/s. Parishparsh Partnership Firm through its Managing Partner Dhanashree Rajesh Bhosale ... Respondent Mr. R.M. Hardas a/w. Ms. Ashwini B. Jadhav, for Appellant/Applicant Mr. S.S. Patwardhan i/b. Ms. M. Shelar for Respondent No.1. CORAM : GAURI GODSE, J.

DATED : 7th APRIL 2025 ORDER:

1.

Heard. Arguable points are raised. Hence, admit. 2.

Learned advocate for respondent no. 1 waives notice. INTERIM APPLICATION NO. 3823 OF 2025 3.

Rule on interim relief in terms of prayer clause (a) is made returnable on 11th June 2025.

Page no. 1 of 2

37-ao-179-2025-ia-3823-2025.doc 4.

Learned advocate for respondent no. 1 waives notice. Respondents are at liberty to file affidavit-in-reply before the next date, with an advance copy to the learned advocate for the appellant.

5.

The suit is filed based on an oral agreement. Prima facie, it appears that the terms and conditions of a concluded contract are not pleaded. It is contended by the appellant that the members of the society are suffering hardships as the redevelopment process is stalled by the impugned order. Hence, during the pendency of the application, there will be ad-interim relief in terms of prayer clause(a).

(GAURI GODSE, J.) Page no. 2 of 2