Shri Kedarnath Co-Op. Housing Society Ltd. v. R. K. Builders

Digitally signed by MEERA MAHESH JADHAV Date:

2025.12.01 18:13:27 +0530 1/2 10-CONP-16-2025 (OS).DOC MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 16 OF 2025 IN NOTICE OF MOTION NO. 1064 OF 2017 IN SUIT NO. 354 OF 2017 Shri Kedarnath Co-op. Housing Society Ltd. & Ors.

...Petitioners

Versus

R. K. Builders & Ors.

...Respondents

WITH INTERIM APPLICATION (L) NO. 10809 OF 2025 WITH NOTICE OF MOTION NO. 1826 OF 2017 _______ Mr. Aadil Parsurampuria a/w Ms Pragya i/b M/s Legal Vision for Petitioners. Mr. Sahil Saiyed for Respondent Nos.1A to 1D. Mr. Sunil Khandagale a/w Mr. Apurva Dalal i/b Ms Komal Punjabi for Defendant Nos.5 to 8 BMC.

_______ CORAM :

ARIF S. DOCTOR, J.

st December, 2025 DATE :

P.C.

The matter was placed today for compliance.

Learned Counsel appearing for the Respondent Nos.1(a) to 1(d) (Developers) has filed a compliance affidavit. Paragraph 4 of the compliance affidavit reads as under:

"4. We shall not object against the members of the Plaintiff Nos. 1 to 4 parking a minimum of 10 cars in the R.G. area and utilizing the currently Meera Jadhav

2/2 10-CONP-16-2025 (OS).DOC open and accessible entrance gate as reflected in the sanctioned plans in terms of the undertaking given by the Plaintiffs as recorded in paragraph 4 of the Order dated 29th March 2019. We say that this permission is granted subject to the cars being removed within 24 hours of permission being granted by the municipal authorities to us and/or R.K. Builders to construct proposed building no. 4 at the said property." Mr. Saiyed for the Respondent Nos.1A to 1D however, clarifies that the aforesaid 10 car parking shall be treated as a maximum 15 car parking. Mr. Parsrampuria submits that this is acceptable to the society. It is thus, clarified that the society members shall be entitled to park not more than 15 cars in the R.G. area, on the same terms and conditions that were applicable to them recorded in the order dated 29 th March 2019.

(ARIF S. DOCTOR, J.) Meera Jadhav