Jagruti Rustom Kothari And 4 ORS v. Vira Realty

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.11.13 14:29:23 +0530 MUGDHA MANOJ PARANJAPE 1 902-IA 1717-24 in S 188-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1717 OF 2024 IN SUIT NO.188 OF 2024 Jagruti Rustom Kothari & Ors.

... Applicants In the matter of Jagruti Rustom Kothari & Ors.

... Plaintiffs V/s.

Vira Realty ... Defendant WITH SUIT NO.188 OF 2024 (NOB) ----- Ms. Vijaya S. Ingule (Mishra) a/w Abdul Rehman Ansari i/by Sean Wassoodew for the Applicants/Plaintiffs.

Mr. Dishang Shah i/by P. M. Shah for the Respondent. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

12TH NOVEMBER 2024 P.C. :

1.

The following words be added in Paragraph 1 of the order dated th October 2024 in place of "four units being unit Nos.201, 202, 203 and 301":- "five units being unit Nos.201, 202, 203 and 301 including Mugdha

2 902-IA 1717-24 in S 188-24.doc Commercial Premise No.1 alongwith three car parking' 2.

Also, Paragraph 4 of the said order be substituted with the following Paragraph :- "Mr. Wassoodew, Learned Counsel appearing on behalf of the Applicants/Plaintiffs submits that the Applicants/Plaintiffs upon being put into possession, as contemplated in Paragraph 1 of this order, shall not until the disposal of arbitration proceedings or without leave of the Tribunal, create any third party rights in respect of the said premises, which will include the said car parking.'

3.

The order dated 24 th October 2024 be thus corrected accordingly. (ARIF S. DOCTOR, J.) Mugdha