Anchor Point Developers Private Limited 847/2024 vs Om Samruddhi Sites Private Limited — Bombay HC (2025) — LawSathi Research

Anchor Point Developers Private Limited 847/2024 vs Om Samruddhi Sites Private Limited — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Time to Defendant Nos.1 to 3 to file Affidavit in Reply to the Interim Application by 11th July, 2025; Advocates' letter dated 7th July, 2025 taken on record and marked 'X' for identification; Defendants' independent Suit (if filed before the next date) to be listed on the next date; Application for ad-interim relief stood over to 14th July, 2025.

Issue for consideration

Whether the Application for ad-interim relief should be granted to the Plaintiffs, to be considered in light of the Advocates' letter dated 7th July, 2025 (marked 'X') and whilst determining the issue as to whether the parties are acting upon the settlement agreement which the Plaintiffs terminated by their notice dated 28th March, 2025.

Court's answer

Defendant Nos.1, 2 and 3 were granted time and directed to file their Affidavit in Reply to the Interim Application by 11th July, 2025.

Ratio / Principle

If Defendant Nos.1 to 3 file their own independent Suit prior to the next date, that Suit shall be listed on the next date.

Key takeaways

A copy of the Advocates' letter dated 7th July, 2025 addressed to the Selling Agents of Defendant Nos.1 to 3 was taken on record and marked 'X' for identification.ratio¶22
The Application for ad-interim relief was stood over to 14th July, 2025; the merits of ad-interim relief were expressly left open for the next date.obiter¶25
On the next date, the Application for ad-interim relief is to be considered in light of the letter marked 'X', whilst determining whether the parties are acting upon the settlement agreement which the Plaintiffs terminated by their notice dated 28th March, 2025.ratio

Detailed headnote1 paragraphs

Interim procedural order (R.I. Chagla J., Bombay High Court, Suit No.126 of 2025, 8th July 2025): Defendant Nos.1 to 3 were given time until 11th July, 2025 to file Affidavit in Reply to the Plaintiffs' Interim Application. Counsel for the Defendants stated they are in process of filing an independent Suit, which is to be listed if filed before the next date. An Advocates' letter dated 7th July, 2025 addressed to the Selling Agents of Defendant Nos.1 to 3 calling upon them to cease and desist from advertising / marketing / selling flats in the 'Green Park' Project (3 buildings, Link Road, Mith Choki, Malad (W), Mumbai 400 064) was tendered by counsel for the Plaintiffs, taken on record and marked 'X' for identification. The Application for ad-interim relief was stood over to 14th July, 2025, to be considered in light of the said letter whilst determining whether the parties are acting upon the settlement agreement which the Plaintiffs terminated by their notice dated 28th March, 2025. The merits of the ad-interim relief application were left open; no statute or precedent was cited and no monetary claim was adjudicated in this order.

24-s-126-2025.doc

jsn

Digitally signed by JITENDRA JITENDRA SHANKAR SHANKAR NIJASURE NIJASURE Date: 2025.07.10 10:38:12 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO.126 OF 2025

Anchor Point Developers Pvt. Ltd. & Anr. …Plaintiffs

Versus

Om Samruddhi Sites Pvt. Ltd. & Ors. …Defendants

Mr. Karl Tamboly, with Mr. Abhishek Kothari, Mr. Samit Shukla and Ms. Saloni Shah, Ms. D. Patel, Anuj S. i/b. Trilegal for the Applicants / Plaintiffs.

Mr. Ankit Lohia, Mr. Krishkumar A Jain, Mr. Kalpesh A. Bandre i/b. Mr. Ritesh K. Jain for the Defendant Nos.1 to 3.

CORAM : R.I. CHAGLA J. DATE : 8TH JULY, 2025.

ORDER :

Mr. Ankit Lohia, learned Counsel appearing for the

Defendant Nos.1, 2 and 3 has sought for time to file Affidavit in Reply to the Interim Application.

The Defendant Nos.1, 2 and 3 shall file Affidavit in Reply by 11th July, 2025.

Mr. Lohia has also submitted that the Defendant Nos.1 to

3 are in process of filing their own independent Suit. In case of the

1/2

24-s-126-2025.doc

same being filed prior to the next date, the same shall be listed on the next date.

Mr. Karl Tamboly, the learned Counsel appearing for the

Plaintiff has tendered an Advocates letter dated 7th July, 2025 addressed to the Selling Agents of Defendant Nos.1 to 3. The subject being to cease and desist from advertising / marketing / selling flats in the building known as “Green Park” comprising of 3 buildings situated at Link Road, Mith Choki, Malad (W), Mumbai 400 064 (“Project”). A copy of the said letter dated 7th July, 2025 is taken on record is marked ‘X’ for identification.

On the next date, the Application for ad-interim relief

shall be considered in light of the aforementioned letter whilst determining the issue as to whether the parties are acting upon the settlement agreement which the Plaintiff has terminated by their notice dated 28th March, 2025.

Stand over to 14th July, 2025 for ad-interim relief.

[ R.I. CHAGLA J. ]

2/2