Vighnaharta Builders And Projects Pvt Ltd v. Ashok S Kothari

4. IA 253-25 in NMS 1213-17 @ connected matters.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 253 OF 2025 IN NOTICE OF MOTION NO. 1213 OF 2017 Vighnaharta Builders and Projects Pvt. Ltd.

...Applicant In the matter between Ashok S. Kothari ...Plaintiff V/s.

Vighnaharta Builders and Projects Pvt. Ltd.

...Defendant WITH SUIT NO. 394 OF 2017 WITH NOTICE OF MOTION NO. 1213 OF 2017 IN SUIT NO. 394 OF 2017 Mr. Aditya P. Shirke for the Applicant/Defendant Mr. Tejas Agarwal and Mr. Harsh Shah i/b I. C. Legal for the Plaintiff.

CORAM

:

ABHAY AHUJA, J.

DATE :

25th FEBRUARY, 2025 Digitally signed by NIKITA YOGESH GADGIL Date:

2025.02.25 14:26:54 +0530 NIKITA YOGESH GADGIL P.C. :

1.

This Interim Application seeks modification of order / direction dated 7th April, 2017 in the Notice of Motion No.1213 of 2017 in Suit No. 394 of 2017.

2.

Mr. Shirke, learned Counsel appearing for the Applicant submits that in lieu of vacation of the status-quo order, his client is willing to Nikita Gadgil 1/2

4. IA 253-25 in NMS 1213-17 @ connected matters.doc secure an area totally admeasuring approximately 6347 sq. ft. RERA carpet area equivalent to approximately 6733 sq. ft. built-up area situated on the 11th and 12th floors in the sale component of the suit project and that the status-quo can continue with respect to the said area.

3.

Mr. Agarwal, learned Counsel appearing for the Respondent/original Plaintiff seeks some time to take instructions and if necessary, file a reply.

4.

Let reply be filed within a period of two weeks with copy to others. Rejoinder in a week thereafter with copy to others. List on 17th March, 2025.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2