Evertop Apartments Cooperative Housing Society Limited v. Lotus Logistics And Developers Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 5068 OF 2025.

IN COMMERCIAL EXECUTION APPLICATION NO. 90 OF 2025. Evertop Apartments Co-operative Housing Society Limited ...Applicant V/s.

Lotus Logistics and Developers Pvt. Ltd & Anr.

...Respondents

WITH INTERIM APPLICATION NO. 5533 OF 2025 IN INTERIM APPLICATION NO. 5068 OF 2025 WITH COMMERCIAL EXECUTION APPLICATION NO. 90 OF 2025 WITH INTERIM APPLICATION NO. 6671 OF 2025 INTERIM APPLICATION NO. 6670 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 90 OF 2025. Mr. Ashish Kamat, Senior Counsel, Mr. Piyush Raheja, Mr. Vikramjit Garewal, Mr. Aadil Parsurampuria, Mr. Tejas Agarwal, Ms. Ria Goradia, Ms. Tejaswi Pania, Advocates for the Applicant in I.A.No. 5068 of 2025. Mr. Milind Nar a/w. Ms. Pinki Yadav Advocates for Respondent Nos. 5 & 6 in I.A. No. 5068 of 2025 and for Applicant in I.A. No. 6671 of 2025. Mr. Prateek Seksaria (through V.C.) Senior Counsel a/w. Mr. Dharam Jumani, Mr. Arun Panikar and Mr. Vinay Nair for Respondent No.1 Mr. Dharam Jumani a/w. Sahil Saiyed and Somesh Pathak i/b. Sayed Sahil in Nagomiya Advocate for Respondent Nos. 2 and 3.

CORAM

: ABHAY AHUJA, J.

DATE : 15th DECEMBER 2025 Swapnil Jadhav 1/3

P.C. :

1.

Although, Mr. Kamat learned Senior Counsel appearing on behalf of the Applicant in Interim Application No.5068 of 2025 submitted that he would take an hour to conclude his arguments, however, it is nearing 06.00 p.m. and he started his arguments at around 05.00 p.m., learned Senior Counsel submits that he will still take one more hour. The matter has been expedited by the Hon'ble Supreme Court and that is why this Court has listed this matter at a fixed time today, but it does not appear that arguments can be concluded today as it is nearing 06.00.p.m.

2.

List on 22nd December 2025 at 05.15 p.m.

3.

Mr. Kamat, learned Senior Counsel has also sought to tender across the bar Compilation of documents on behalf of the Applicant, which has been vehemently objected to on behalf of Respondent No.4. Although, Mr. Kamat, learned Senior Counsel has submitted that item No.2, which is the Order dated 5th January 2021 of this Hon'ble Court, for which no affidavit is required, however, since the objection has been taken on behalf of the Respondent No.4 to the said Compilation of documents, which not only contains the said order but also other documents, let the said documents be placed before this Court by way Swapnil Jadhav 2/3

of an appropriate Affidavit along with copy to the others by the next date. Let response to the same also be filed by the next date. (ABHAY AHUJA, J.) Swapnil Jadhav 3/3