Subhash Nagar Srushti Co Operative Housing Society Limited v. Gadkari Builders And Associates

1/2 10-CPCD-62-2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CONTEMPT PETITION NO. 62 OF 2025 IN COMMERCIAL ARBITRATION PETITION. 18 OF 2024 Subhash Nagar Srushti Co Operative Housing Society Limited

...Petitioner

Versus

Gadkari Builders And Associates

...Respondent

_______ Mr. Shailesh Shah, Senior Counsel, and Dibyojeet Banerjee a/w Anuj Athalye and Rohan Gupta i/b Legasis Partners for the Petitioner. Mr. Manoj Harit a/w Saloni Bafana i/b Manoj Harit & Co. for the Respondent. _______

CORAM

:

ARIF S. DOCTOR, J.

th FEBRUARY, 2026 DATE :

P.C.

1.

Mr. Harit learned counsel appearing on behalf of the Respondent (Developer) today in the presence of Respondent No.2- Mr. Jaydeep Suryakant Gadkari, undertakes as follows:

(i) That the Respondents shall in the month of March, 2026 make payment of sum of Rs. 2 lakhs per member of the Petitioner-Society. (ii) That the Respondents shall by 30 th March, 2026 make an Application for Full Occupation Certificate of the building in question namely Srushti Enclave.

(iii) That the Respondents shall in the month of May, 2026 handover the Areeb

2/2 10-CPCD-62-2025 (OS).DOC physical possession of the flats of the Petitioner members after obtaining Full Occupation Certificate.

(iv) That the Respondents shall by 30 th May, 2026, pay whatever balance arrears that may be owing to the Petitioner -members. 2.

The undertakings of Respondent Nos. 2 and 3 are accepted as undertakings given to this Court. The Respondent Nos. 2 and 3 have been explained the seriousness of this undertaking, to which Respondent Nos. 2 and 3 assure the Court that the same will be adhered to and there shall now be no breach of this undertaking.

3.

Mr. Shah, at this stage submits that the Contempt Petition also alleges certain other breaches of the Consent Terms by the Respondents, but given what the Respondents have undertaken today, he is presently not pressing the Contempt Petition. He, however, reserves his rights to do so in the event if so required.

4.

The Contempt Petition is accordingly disposed of reserving his liberty. [ARIF S. DOCTOR, J.] Areeb