M/S. EVERHOME PROPERTIES PRIVATE LIMITED vs M/S. ADITYA DEVELOPERS

Judgment text excerpt

AO-A.541.2025.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.541 OF 2025 M/s. Everhome Properties Pvt. Ltd. Appellant .. (Original Plaintiff) Versus M/s. Aditya Developers and Ors. Respondents .. (Original Defendants) ....................  Mr. Praveen Samdani, Senior Advocate a/w. Mr. Karan Bhiday i/by Mr. Aditya P. Shirke, Advocates for Appellant.  Mr. Gaurav Joshi, Senior Advocate a/w. Mr. Mayur Khandeparkar, Ms. Tanisha Choudhary and Ms. Pooja Kane i/by Mr, Y.N. Adhia, Advocates for Respondents. ......…........… CORAM : MILIND N. JADHAV, J. RESERVED ON : NOVEMBER 13, 2025. PRONOUNCED ON : NOVEMBER 17, 2025. JUDGEMENT: 1. This Appeal from Order was mentioned before me on 15.10.2025, on that date order dated 26.09.2025 passed by the Supreme Court was brought to my notice and it was urged that within 30 days from the date of pointing out that order, the Appeal from Order should be heard and decided by this Court preferably as stated in the Supreme Court Order. On 15.10.2025 by consent of both parties (their Advocates), the Appeal from Order was listed for directions on 03.11.2025 since the Court was closed on account of Diwali Vacation from 18.10.2025 to 02.11.2025. On 03.11.2025, the Appeal from Order was fixed for hearing on 06.11.2025. It was heard on 06.11.2025, 12.11.2025 and 13.11.2025. On all 3 days of hearing of Corrected / Modified Judgement as per speaking to minutes of the order dated 25.11.2025. 1 of 42 AO-A.541.2025.doc Appeal from Order, it was argued and adjourned at the request of the learned Senior Advocates appearing for parties to accommodate them. Hearing was finally concluded on 13.11.2025. Both the parties were heard at length and Appeal from Order was closed for passing of order / judgement a