Jay Infrastructure Through Its Partner Vijay L Lalwani v. Sharad Pundalik Wagh

26-IA-8817-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8817 OF 2025 IN SECOND APPEAL NO. 102 OF 2025 Jay Infrastructure Through Its Partner Vijay L Lalwani and Ors.

...Applicants

Versus

Sharad Pundalikrao Wagh

...Respondent

**** Mr. Vivek Punjabi a/w Ms. P. Zaiwalla i/b Priyansh Jain for the Applicants.

Mr. Prashant Darandale for Respondent.

**** SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date:

2025.06.27 11:16:16 +0530 CORAM :

M.M. SATHAYE, J.

DATE :

26th JUNE, 2025 P.C. :

1.

Mentioned out of turn, at about 5.30 p.m., since the matter did not reach.

2.

Learned Advocate for the Applicants submits that, as recorded in order dated 20.06.2025, the principal amount involved in the dispute is ready with him in the form of Demand Draft drawn in favour of Respondent/allottee and the Applicants are ready to handover the same to the Respondent immediately, without prejudice to the rights and contentions of both the parties.

3.

Learned Advocate for the Respondent, however submits that he has clear instructions not to accept the principal amount and he wishes to proceed with hearing on admission of the present Second Appeal or at least on prayer of interim relief. Sneha Chavan 1/2

26-IA-8817-2025.doc 4.

It is informed that the execution before the Appellate Tribunal is on 02.07.2025.

5.

Stand over to 30.06.2025 for urgent admission / order. (M.M. SATHAYE, J.) Sneha Chavan 2/2