Anchor Point Developers Private Limited 847/2024 v. Om Samruddhi Sites Private Limited

24-s-126-2025.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.07.10 10:38:12 +0530 JITENDRA SHANKAR NIJASURE SUIT NO.126 OF 2025 Anchor Point Developers Pvt. Ltd. & Anr.

...Plaintiffs

Versus

Om Samruddhi Sites Pvt. Ltd. & Ors.

...Defendants ---------- Mr. Karl Tamboly, with Mr. Abhishek Kothari, Mr. Samit Shukla and Ms. Saloni Shah, Ms. D. Patel, Anuj S. i/b. Trilegal for the Applicants / Plaintiffs.

Mr. Ankit Lohia, Mr. Krishkumar A Jain, Mr. Kalpesh A. Bandre i/b. Mr. Ritesh K. Jain for the Defendant Nos.1 to 3. ---------- CORAM : R.I. CHAGLA J.

DATE : 8TH JULY, 2025.

ORDER :

1.

Mr. Ankit Lohia, learned Counsel appearing for the Defendant Nos.1, 2 and 3 has sought for time to file Affidavit in Reply to the Interim Application.

2.

The Defendant Nos.1, 2 and 3 shall file Affidavit in Reply by 11th July, 2025.

3.

Mr. Lohia has also submitted that the Defendant Nos.1 to 3 are in process of filing their own independent Suit. In case of the 1/2

24-s-126-2025.doc same being filed prior to the next date, the same shall be listed on the next date.

4.

Mr. Karl Tamboly, the learned Counsel appearing for the Plaintiff has tendered an Advocates letter dated 7th July, 2025 addressed to the Selling Agents of Defendant Nos.1 to 3. The subject being to cease and desist from advertising / marketing / selling flats in the building known as "Green Park" comprising of 3 buildings situated at Link Road, Mith Choki, Malad (W), Mumbai 400 064 ("Project"). A copy of the said letter dated 7th July, 2025 is taken on record is marked 'X' for identification.

5.

On the next date, the Application for ad-interim relief shall be considered in light of the aforementioned letter whilst determining the issue as to whether the parties are acting upon the settlement agreement which the Plaintiff has terminated by their notice dated 28th March, 2025.

6.

Stand over to 14th July, 2025 for ad-interim relief. [ R.I. CHAGLA J. ] 2/2