Elanit G Jacobs v. Relliance Construction Co
906A.CP.98.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 98 OF 2026 Elanit G. Jacobs .. Petitioner
Versus
M/s. Relliance Construction Co. and Anr.
.. Respondents ....................
Mr. Prathmesh Seth a/w. Ms. Trupti Gosavi, Advocates for Petitioner.
Mr. Makarand Raut, Advocate for Respondent No.1. Ms. P.J. Gavhane, AGP for Respondent No.2 - State. ....................
CORAM
: MILIND N. JADHAV, J.
DATE : FEBRUARY 26, 2026.
P.C.:
1.
Heard Mr. Seth, learned Advocate for Petitioner; Mr. Raut, learned Advocate for Respondent No.1 and Ms. Gavhane, learned AGP for Respondent No.2 - State.
2.
This is a Contempt Petition filed by Petitioner in respect of alleging contempt of order dated 25.07.2025 passed by the Maharashtra Real Estate Appellate Tribunal in Appeal No.AT006/00396/2025.
3.
The Consent Terms prepared between the parties are appended at Exhibit 'A' - page No.23 of the Petition. As per the Consent Terms, the Developer had undertaken that if the Occupation Certificate (OC) is not obtained, then he shall pay interest @10.75% Corrected / Modified order as per Speaking to the Minutes of the order dated 04.03.2026. 1 of 2
906A.CP.98.2026.doc per month on the sum of Rs.1,21,00,000/- paid by Respondent under the Agreement for Sale from 01.01.2026 onwards. As against this clause, there are other alternate clauses which are not agreed upon by the parties.
4.
The Developer agrees to abide by clause 'd' of the Consent Terms and the Petitioner has agreed to receive the interest amount as agreed. In that view of the matter as stated in the said Consent Terms, Developer is directed to file an undertaking that he shall pay interest @10.75% per month on the aforesaid sum of Rs.1,21,00,000/- until the OC is obtained to Petitioner directly. The arrears from 01.01.2026 shall be paid within a period of four weeks from today. The interest amount shall be paid by the Developer before 5th day of every month. Such undertaking shall be filed by the Developer within a period of one week from today in this Court.
5.
Since the Developer is ready and willing to file an undertaking, Contempt Petition is disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date:
2026.03.04 17:40:53 +0530 AJAY TRAMBAK UGALMUGALE Corrected / Modified order as per Speaking to the Minutes of the order dated 04.03.2026. 2 of 2