ASHAPURA OPTIONS PRIVATE LIMITED THROUGH ITS DIRECTOR MR. PRAVIN CHAMARIA vs ASHAPURA DEVELOPERS AND 4 ORS

Judgment text excerpt

Neeta Sawant IA(L) 14261/2025-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 14261 OF 2025 IN SUIT (L) NO. 14259 OF 2025 WITH INTERIM APPLICATION (L) NO. 27981 OF 2025 Ashapura Options Private Limited Through its Director Mr. Pravin Chamaria and Ors. } …. Plaintiffs : Versus : Ashapura Developers and Ors. }…. Defendants ___________________________________________________________ Mr. Shanay Shah with Ms. Sonam Mhatre and Ms. Shruti Kulkarni i/b Dhaval Vussonji & Associates, for the Plaintiff. Mr. Simil Purohit, Senior Advocate with Mr. Parth Jain, Mr. Ansh Agal and Mr. Rutwij Bapat i/b Jain Law Partners LLP, for Defendants. ___________________________________________________________ CORAM : SANDEEP V. MARNE, J. JUDG. RESD. ON : 09 OCTOBER 2025 JUDG. PRON. ON: 16 OCTOBER 2025. JUDGMENT: 1) Plaintiffs have filed the present Interim Application seeking temporary injunction for restoration of possession of the suit premises during pendency of the Suit and to restrain the Defendants from interfering with Plaintiffs’ possession of the suit premises. Plaintiffs have also sought injunction against the Defendants from selling, alienating, or creating third party rights in respect of the suit Page No.1 of 32 Thursday, 16 October 2025 Neeta Sawant IA(L) 14261/2025-FC premises during pendency of the Suit. Plaintiffs have also sought prayer for appointment of Court Receiver for taking physical possession of the suit premises and for handing over the same to the them. 2) Plaintiffs have instituted the present Suit under Section 6 of the Specific Relief Act, 1963 (the Act). The Suit is premised on Plaintiffs’ claim of possession of suit premises comprising of units bearing Nos. 901, 903 and 904 admeasuring in aggregate 16,0