Shakuntala T. Amrutkar, Legal Heair And W/O Deceased Tukaram C. Amrutkar v. Pandurang Rambhau Sahane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.6549 OF 2025 IN WRIT PETITION NO.729 OF 2024 1.
Shakuntala T. Amrutkar Age: 75 years, Legal heir & W/o deceased Tukaram C. Amrutkar Aged Adult Indian Inhabitant Room No.1.
2.
Deepak Tukaram Amrutkar Aged: 49 years Adult, Indian Inhabitant, Room No.2.
3.
Ramchandran P Unnithan Aged: 74 years Adult, Indian Inhabitant, Room No.3.
4.
Sreekumari Ramchandran Unnithan Aged: 69 years Adult, Indian Inhabitant, Room No.4.
5.
Raosaheb Rambhau Sahane Aged: 80 years, Legal heir of deceased Pandurang Rambhau Sahane Aged: Adult, Indian Inhabitant, Room No.5.
6.
Kashmira Naresh Gada Aged: 46 years Adult, Indian Inhabitant, Room No.6.
7.
Vatsala D. Patil Aged: 72 years Adult, Indian Inhabitant, Room No.8.
8.
Ramesh Thakkar Aged: 66 years, Legal Heir of the Deceased 1/19 Digitally signed by SUMEDH NAMDEO SONAWANE Date:
2026.05.06 15:33:33 +0530 SUMEDH NAMDEO SONAWANE
Narmadaben C. Thakkar Aged Adult, Indian Inhabitant Room No.10.
9.
Damji Khetshi Shah, Aged: 74 years Adult, Indian Inhabitant, Room No.13.
10.
Lalit Govind Mahida Aged: 64 years Adult, Indian Inhabitant, Room No.14.
11.
Bhavesh H. Mirani Aged: 54 years, Legal heir of deceased Harshala N.Mirani Aged Adult, Indian Inhabitant, Room No.15.
12.
Sangeeta Ravindra Makkar Aged: 75 years Legal heir of deceased Gyanchand J. Makkar Aged Adult, Indian Inhabitant Room No.17.
13.
Tribhuvan S. Parmar Aged: 69 years Adult, Indian Inhabitant, Room No.18-A.
14.
Jigna Damji Chheda Aged: 42 years, Legal heir of deceased Ramila Damji Chheda Aged Adult, Indian Inhabitant Room No.18-B.
15.
Parbat Raja Ravat Aged: 63 years Adult, Indian Inhabitant, Room No.19.
16.
Jyoti J Pota Aged: 55 years Adult, Indian Inhabitant, Room No.20.
17.
Ajitkumar M. Shah Aged: 67 years & Pratibhaben A. Shah 2/19
Both Adult, Indian Inhabitant, Room No.24.
18.
Shobha C. Kothawade Aged: 62 years Adult, Indian Inhabitant, Room No.26.
19.
Vijay C. Kothawade Aged: 37 years, Legal Heir of deceased Chandrakant W. Kothawade, Aged Adult, Indian Inhabitant Room No.27.
20.
Bhavna J. Chheda Aged: 58 years Adult, Indian Inhabitant, Room No.29.
21.
Murlidhar Ganpat Mane Aged: 69 years Adult, Indian Inhabitant, Room No.31.
22.
Prema S. Shetty Aged: 66 years Adult, Indian Inhabitant, Room No.32.
23.
Sheetal Satish Juthani Aged: 53 years Swati Nitin Gosalia Both Adult, Indian Inhabitant, Room No.33.
24.
Mohanlal J. Patel Aged: 77 years Adult, Indian Inhabitant, Room No.35.
25.
Pochaiah M. Achha Aged: 67 years Adult, Indian Inhabitant, Room No.36.
26.
Kamal Arvind Pawar Aged: 54 Years, Mr. Sandeep Waman Pawar, Both Adult, Indian Inhabitant, Room No.37.
27.
Parasmal Surajmal Madrecha Aged: 53 years Adult, Indian Inhabitant, Room No.38.
3/19
28.
Kamlesh Ram Singh Aged: 68 years, Through C.A. Mr. Pratibha K. Singh Aged Adult, Indian Inhabitant, Room No.39.
29.
Jivanbabu P. Pandey Aged: 65 years, Through C.A. Mr. Neeraj J. Pandey Aged Adult, Indian Inhabitant, Room No.40.
30.
Varsha Mukund Jasani Aged: 56 years, Legal heir of deceased Babulal Odhavji Jasani Aged Adult, Indian Inhabitant, Room No.41.
31.
Varsha Mukund Jasani Aged: 56 years, Legal heir of deceased Mukund B. Jasani Aged Adult, Indian Inhabitant, Room No.42.
32.
Bharabhai J. Vora Aged: 52 years Adult, Indian Inhabitant, Room No.43.
33.
Harshad B. Jobanputra Aged: 66 years Legal heir of deceased Bhagwanji P. Jobanputra Aged Adult, Indian Inhabitant, Room No.44.
34.
Suhas N. Yewale Aged: 62 years, Legal Heir of deceased Narhari R. Yewale Aged Adult, Indian Inhabitant, Shop No.S-1.
35.
Noormohammad Mansoori Aged: 68 years Adult, Indian Inhabitant, 4/19
Shop No.S-2.
36.
Sangeeta Pravin Patil Aged: 45 years Adult, Indian Inhabitant, Shop No.S-2A.
37.
Parvati Achyut Ghuge Aged: 59 years, Achyut Shankar Ghuge Both Adult, Indian Inhabitant, Shop No.S-3.
38.
Chandrakant D. Chheda Aged: 65 years, Deep C. Chheda Both Adult, Indian Inhabitant, Shop No. S-4.
39.
Rameshkumar S. Jain, Aged: 49 years Adult, Indian Inhabitant, Shop No.S-5.
40.
Chandrakant D. Chheda Aged: 65 years, Javel C. Chheda Aged Adult, Indian Inhabitant, Shop No.S-6.
41.
Sunder Subhash Ghuge Aged: 57 years Adult, Indian Inhabitant, Shop No.S-8.
42.
Rambaran B. Sharma Aged: 74 years, C.A. of Suraj Brothers Aged Adult, Indian Inhabitant, Shop No.SS-1.
43.
Chandra Kambe Gowda Aged: 64 years Adult, Indian Inhabitant, Shop No.SS-2.
44.
Bakula D. Chheda Aged: 68 years, Legal heir of deceased Pushaben D. Sata Aged Adult, Indian Inhabitant, Shop No.SS-3.
45.
Bakula D. Chheda Aged: 68 years, 5/19
Legal heir of deceased Suresh D. Sata, Aged Adult, Indian Inhabitant, Shop No.SS-4A.
46.
Kamlesh Nanalal Jain Aged: 42 years Adult, Indian Inhabitant, Shop No.SS-4B.
47.
Trimurti S. Rajbhar Aged: 30 years, Legal heir of deceased Phoolkali D. Rajbhor, Aged Adult, Indian Inhabitant, Shop No.SS-5.
48.
Kamla Bhuvan Welfare Association Registered under Charitable Commissioner through Deepak. T. Amrutkar Authorized Signatory Aged Adult, Indian Inhabitant Having its address at D/1/1, Sukh Shanti Niketan Society, L.B.S. Road, Ghatkopar West, Mumbai 400 086.
... Applicants/ Org. Petitioners.
IN THE MATTER BETWEEN
1.
Shakuntala T. Amrutkar Legal heir & W/o deceased Tukaram C. Amrutkar Aged: Adult Indian Inhabitant Room No.1.
2.
Deepak Tukaram Amrutkar Aged: Adult Indian Inhabitant Room No.2.
3.
Ramchandran P. Unnithan Aged: Adult, Indian Inhabitant Room No.3.
4.
Sreekumari Ramchandran Unnithan Aged: Adult Indian Inhabitant Room No.4.
6/19
5.
Pandurang Rambhau Sahane Aged: Adult, Indian Inhabitant Room No.5.
6.
Kashmira Naresh Gada Aged: Adult Indian Inhabitant Room No.6.
7.
Vatsala D. Patil Aged Adult, Indian Inhabitant Room No.8.
8.
Ramesh C. Thakkar Legal Heir of the Deceased Narmadaben C. Thakkar Aged Adult, Indian Inhabitant Room No.10.
9.
Damji Khetshi Shah Aged Adult, Indian Inhabitant Room No.13.
10.
Lalit Govind Mahida Aged Adult, Indian Inhabitant Room No.14.
11.
Bhavesh H. Mirani Legal Heir of deceased Harshala N. Mirani Aged Adult, Indian Inhabitant Room No.15.
12.
Sangeeta Ravindra Makkar Legal hier of deceased Gyanchand J. Makkar Aged Adult, Indian Inhabitant Room No.17.
13.
Tribhuvan S. Parmar Aged Adult, Indian Inhabitant Room No.18-A.
14.
Jigna Damji Chheda Legal heir of deceased Ramila Damji Chheda Aged Adult, Indian Inhabitant Room No.18-B.
7/19
15.
Parbat Raja Ravat Aged Adult, Indian Inhabitant Room No.19.
16.
Jyoti J. Pota Aged Adult, Indian Inhabitant Room No.20.
17.
Praful Lokhande H/o deceased Priyanka P. Lokhande Aged Adult, Indian Inhabitant Room No.21.
18.
Kamal G. Burman Legal heir of deceased Kamladevi G. Burman Aged Adult, Indian Inhabitant Room No.22.
19.
Ajitkumar M. Shah & Pratibhaben A. Shah Both Adult, Indian Inhabitant Room No.24.
20.
Shobha C. Kothawade Aged Adult, Indian Inhabitant Room No.26.
21.
Vijay C. Kothawade Legal Heir of deceased Mr. Chandrakant W. Kothawade Aged Adult, Indian Inhabitant Room No.27.
22.
Bhavna J. Chheda Aged Adult, Indian Inhabitant Room No.29.
23.
Murlidhar Ganpat Mane Aged Adult, Indian Inhabitant Room No.31.
24.
Prema S. Shetty Aged Adult, Indian Inhabitant Room No.32.
25.
Sheetal Satish Juthani Swati Nitin Gosalia 8/19
Both Adult, Indian Inhabitant Room No.33.
26.
Mohanlal J. Patel Aged Adult, Indian Inhabitant Room No.35.
27.
Pochaiah M. Achha Aged Adult, Indian Inhabitant Room No.36.
28.
Kamal Arvind Pawar Sandeep Waman Pawar Both Adult, Indian Inhabitant Room No.37.
29.
Parasmal Surajmal Madrecha Aged Adult, Indian Inhabitant Room No.38.
30.
Kamlesh Ram Singh Through C.A. Mr. Pratibha K. Singh Aged Adult, Indian Inhabitant Room No.39.
31.
Jivanbabu P. Pandey Through C.A. Mr. Neeraj J. Pandey Aged Adult, Indian Inhabitant Room No.40.
32.
Varsha Mukund Jasani Legal heir of deceased Babulal Odhavji Jasani Aged Adult, Indian Inhabitant Room No.41.
33.
Varsha Mukund Jasani Legal Heir of deceased Mukund B. Jasani Aged Adult, Indian Inhabitant Room No.42.
34.
Bharabhai J. Vora Aged Adult, Indian Inhabitant Room No.43.
35.
Harshad B. Jobanputra Legal heir of deceased 9/19
Bhagwanji P. Jobanputra Aged Adult, Indian Inhabitant Room No.44.
36.
Suhas N. Yewale Legal Heir of deceased Narhari R. Yewale Aged Adult, Indian Inhabitant Shop No.S-1.
37.
Noormohammad Mansoori Aged Adult, Indian Inhabitant Shop No.S-2.
38.
Sangeeta Pravin Patil Aged Adult, Indian Inhabitant Shop No.S-2A.
39.
Parvati Achyut Ghuge Achyut Shankar Ghuge Both Adult, Indian Inhabitant, Shop No.S-3.
40.
Chandrakant D. Chheda Mr. Deep C. Chheda Both Adult, Indian Inhabitant Shop No.S-4.
41.
Rameshkumar S. Jain Aged Adult, Indian Inhabitant Shop No.S-5.
42.
Chandrakant D. Chheda Javel C. Chheda Aged Adult, Indian Inhabitant Shop No.S-6.
43.
Dinesh D. Bhanushali Legal Heir of deceased Damji M. Bhanushali Aged Adult, Indian Inhabitant Shop No.S-7.
44.
Sunder Subhash Ghuge Aged Adult, Indian Inhabitant Shop No.S-8.
45.
Suraj Brothers 10/19
Through C.A. Mr. Rambaran B. Sharma Aged Adult, Indian Inhabitant Shop No.SS-1.
46.
Chandra Kambe Gowda Aged Adult, Indian Inhabitant Shop No.SS-2.
47.
Bakula D. Chheda Legal heir of deceased Pushaben D. Sata Aged Adult, Indian Inhabitant Shop No.SS-3.
48.
Bakula D. Chheda Legal heir of deceased Suresh D. Sata Aged Adult, Indian Inhabitant Shop No.SS-4A.
49.
Kamlesh Nanalal Jain Aged Adult, Indian Inhabitant Shop No.SS-4B.
50.
Trimurti S. Rajbhar Legal heir of deceased Phoolkali D. Rajbhar Aged Adult, Indian Inhabitant Shop No.SS-5.
51.
Narayan Sunder Nayak Aged Adult, Indian Inhabitant Shop No.SS-6A.
52.
Dinesh Narayan Rai Aged Adult, Indian Inhabitant Shop No.SS-8.
All are residing at Kamla Bhuvan L.B.S. Marg, Opposite Shreyas Cinema, Ghatkopar West, Mumbai 400086.
53.
Kamla Bhuvan Welfare Association Registered under Charitable Commissioner through Deepak. T. Amrutkar Authorized Signatory Aged Adult, Indian Inhabitant Having its address at D/1/1, Sukh 11/19
Shanti Niketan Society, L.B.S. Road, Ghatkopar West, Mumbai 400 086.
... Petitioners V/s.
1.
The Municipal Corportion of Greater Mumbai, A Statutory Body, Formed & Incorporated under the Provisions of the Mumbai Municipal Corporation Act, 1888 And having its office at Opp. CST, Mumbai 400 001.
2.
The State of Maharashtra Through it's The Urban Development Department (UD-11) Having its office at 32, Madame Cama Road, Nariman Point, Mumbai 400 021.
3.
Kumar Baburao Pande Aged 65 years, Occ.: Business Indian inhabitant Having address at C/303, Rambha Tower, Gangawadi, L.B.S. Marg, Ghatkopar (W), Mumbai - 400 086.
4.
Leelavati Baban Dherange Aged: 57 years, Occ: Business Indian inhabitant Having address at A/12/85, Chittaranjan Nagar, Rajawadi, Ghatkopar West, Mumbai 400077.
5.
Smt. Sarojaben Yashvant Shah W/o deceased Yashwant B. Shah Aged 63 years, Occ.: Business Indian inhabitant Having address at Laxmi Bhuvan, 201 & 202, 2nd Floor, Sainath Nagar, Ghatkopar West, Mumbai - 400086.
6(a) (i) Smt. Smita Rajesh Singh Aged Adult, Indian Inhabitant.
(ii) Miss Harshita Rajesh Singh Aged Adult, Indian Inhabitant.
12/19
(iii) Mr. Karan Rajesh Singh Aged Adult, Indian Inhabitant.
All legal heirs of deceased Rajesh Dharmaraj Singh Son of late Dharamaraj Mater Singh All resident of Flat No.404, Thakur Ghatkopar C.H.S. Ltd., Gaondevi Road, Behind Shreyas Cinema, Sanghani Estate, Ghatkopar (West), Mumbai 400 086.
6(b) Mr. Hira Dharmaraj Singh S/o. Deceased Dharmaj matar Singh Aged Adult, Indian Inhabitant Flat No.601, Thakur Complex, Gaondevi Road, Behind Shreyas Cinema, Sanghani Estate, Ghatkopar (West), Mumbai 400 086.
6(c) Mr. Kamlesh Dharmaraj Singh S/o. Deceased Dharmaj matar Singh Aged Adult, Indian Inhabitant Flat No.401, Thakur Complex, Gaondevi Road, Behind Shreyas Cinema, Sanghani Estate, Ghatkopar (West), Mumbai 400 086.
7.
Smt. Sangeeta K. Sharma W/o deceased Kishan Gopal K Sharma, Aged Adult, Indian Inhabitant.
8.
Nitin Sadanand Shetty Aged Adult, Indian Inhabitant.
9.
Kishor K. Pokar Aged Adult, Indian Inhabitant, All having their office at 506/507, A-1 Hare Krishna Apartment, L.B.S. Marg Ghatkopar (West), Mumbai 400 086.
AND M/s. BS Lifespace through Mr. Bharat Shetty Aged Adult, Indian Inhabitant, Having office address at 22, 13/19
Jaishilpam, Sanghani Estate, Gaodevi Road, Ghatkopar (West), Mumbai - 400 077.
... Respondents Mr. Deepak Thakare i/by Adv. Mangesh Naik, Adv. Vishakha Tiwari for the Applicants/Petitioners.
Ms. Smita Tondwalkar, for Respondent No.1-BMC. Ms. Madhura Deshmukh, AGP, for Respondent No.2-State. Dr. Uday Warunjikar a/w. Adv. Nitesh Bhutekar, Adv. Siddhesh Pilankar for Respondent Nos.3 to 5.
Ms. Prerana Shukla, for Respondent Nos.7 and 8. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.
RESERVED ON : 20th APRIL, 2026.
PRONOUNCED ON : 6th May, 2026.
Order (Per : Kamal Khata, J) :- 1) By this Interim Application, the Applicants seek to implead M/s. BS Lifespace as Respondent to the present Petition. 2) Mr. Deepak Thakare, learned Advocate for the Applicants submits that, the Petitioners who are tenants of building known as Kamla Bhuvan is built on a plot of land bearing No.1 of private scheme forming part of Survey No.31, Hissa No.2 (part) and other being a portion of Survey No.161, Hissa No.6 (part) situated at L.B.S. Marg, Ghatkopar West, village Kirol, Taluka Salsette Bombay Suburban District bearing CTS No.2252 to 2254 admeasuring 1498 sq. yards equivalent to 1250.014 sq. mtrs (hereinafter referred to as 'Kamla Bhuvan') have filed the present Petition 14/19
seeking direction against the Respondents to comply with the provisions of Regulation 33(7)(A) of DCPR-2034 for reconstruction/development of the suit.
2.1) He submits that, the tenants are concerned about the prolonged delay in the redevelopment of Kamla Bhuvan. They further apprehend that, the landlords namely Respondents Nos.3 to 5 will not provide them Permanent Alternate Accommodation ("PAA") and renege on their obligations. He submits that, the landlords had introduced the proposed Respondent, a new developer namely M/s. BS Lifespace represented by Mr. Bharat Shetty. The Developer had actively participated in various redevelopment activities including obtaining of IOD, Fire NOC, execution of plans, coordination with tenants and also initiated groundwork for the project. According to him, various meetings were held between the landlords and the new developers.
Apart from the inauguration ceremony held by these new developers, the landlords and 62 tenants (which included the Petitioners) executed Consent-cum-Declarations in favour of the new developers thereby permitting them to construct a commercial building. Thereafter, there were settlement discussions with the new developers for over a period of 4 to 5 months. The matter pending in Court has been listed under the caption "for settlement" on several occasions since February 2025.
time was granted to the new developers as a gesture of support and cooperation towards the redevelopment of Kamla Bhuvan. This was done to ensure the financial and operational viability of the project. 2.2) He further submitted that, in this manner the new developer has been substantially involved in the process of redevelopment. It is a case of the Petitioners that, the landlords have failed to maintain transparent communication with the Petitioners and have failed to give an assurance of the timeframe within which the PAA Agreements would be executed. In these circumstances, it is submitted that M/s. BS Lifespace would be a proper and necessary party as the proposed Respondent to the present proceedings.
3) Dr. Uday Warunjikar, learned Advocate for the landlords namely Respondent Nos.3 to 5, opposed the Application. He submits that presently there is no contract executed with the new developer. The original developers, Respondents 6 to 9, continue with the project. He submitted that by adding the new developer as a party Respondent, the disputes will only be aggravated rather than resolved. 3.1) He submitted that, the present Application was nothing else but a ruse to pressurize the landlords to enter into terms with the new developer. The proposed Respondent has no privity of contract with the landlord and cannot have a contract directly with the Petitioners i.e. tenants. The contract, if any, with the original developer Respondent Nos. 6 16/19
to 9 also cannot be a ground to add them as Respondents herein. The Petitioner - tenants cannot use the Court as a tool to indirectly pressurize the landlords in this manner.
4) We have heard both sides and also perused the record. 4.1) In our view, the Petitioners have no right to implead as a party who has no privity of contract with the landlords in the present Petition. It would only enlarge the issue and complicate it. 4.2) It is settled law that, the tenants' rights are protected. In Chandralok People Welfare Association vs. State of Maharashtra & Ors. reported in 2023 SCC OnLine Bom 2300 and Anandrao G. Pawar vs. Municipal Corporation of Greater Mumbai and Ors. reported in 2023 SCC OnLine Bom 2534 , this Court has elucidated the rights of the tenants. 5) In this background, we posed a query to the Petitioners' Advocate, whether there was any binding contract between M/s. BS Lifespace and the existing landlords-Respondent Nos.3 to 5. Since the response was in the negative, we pointed out that, the present Application would be a sheer abuse of process of law and nothing else but an elite form of coercion and extortion.
6) According to us, the present Application is nothing else but a back-door entry attempted by the proposed Respondent, through a seemingly innocuous application of being joined as a necessary party to the present Petition.
17/19
6.1) Despite offering them to consider withdrawing their Application, the Applicants insisted that the Court decide the Interim Application.
7) In these circumstances, we are compelled to draw an inference and record our observation that this Application is nothing short of a pressure tactic employed by the proposed Respondent in the guise of an application by the Petitioners (tenants) to compel the landlords to acknowledge the rights of the proposed Respondent though they have no enforceable Agreement either with the landlord or with the original Developers Respondents 6 to 9.
7.1) It is settled law that the Courts are not meant to be tools in the hands of unscrupulous litigants to coerce or pressurize a party in any manner or form. It prima facie appears that the present Application is moved and financed by the proposed Respondent to crystalize his unenforceable right against the Respondents 3 to 5 and Respondent 6 to 9. Such attempts to abuse the process of the Court cannot be countenanced. We therefore disallow the present Application. 7.2) Assuming that M/s. BS Lifespace has some contractual obligations with the earlier developer, they have rights to sue them independently.
8) We accordingly dismiss the Application with costs of Rs.5,00,000/- to be paid to Bar Council of Maharashtra and Goa's Advocate 18/19
Academy and Research Center within a period of two weeks from the date of uploading of this Order on the official website of High Court, Bombay. 8.1) Details of the bank Account for payment of cost are as under:- Account Name :- BCMG'S Advocate Academy & Research Center Account Number :- 000120110001327 Bank Name :- Bank of India Branch Name :- Mumbai Main IFSC Code :- BKID0000001 Type of Account :- Current A/c 9) List the Petition for reporting compliance on 15th June, 2026. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 19/19