Cable Corporation of India Limited vs the Western Edge II Premises Co-Operative Society Limited Thr. Authorized Mr. Nitin Kajalkar — Bombay HC (2025) — LawSathi Research

Cable Corporation of India Limited vs the Western Edge II Premises Co-Operative Society Limited Thr. Authorized Mr. Nitin Kajalkar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted as raising arguable points; Rule on interim relief in terms of prayer clause (a) made returnable on 1st April 2025; ad-interim stay granted in terms of prayer clause (a) of Interim Application No. 241 of 2024 during the pendency of the application.

Issue for consideration

Whether the appeal raises arguable points such that it should be admitted. +2 more

Court's answer

The appeal was admitted, the Court finding that it raises arguable points.

Ratio / Principle

The impugned order grants temporary injunction in terms of the final reliefs claimed in the suit.

Key takeaways

In view of the terms and conditions of the flat purchase agreement and the development agreement, prima facie, the society would not be entitled to claim any relief beyond the entitlement of the developer.ratio¶32
During the pendency of the application, there will be ad-interim stay in terms of prayer clause (a).ratio¶33

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), 4 February 2025 — Appeal From Order No. 14 of 2024, Cable Corporation of India Limited v. The Western Edge II Premises Co-operative Society Limited, with Interim Application No. 241 of 2024: appeal admitted as raising arguable points. The impugned order had granted temporary injunction in terms of the final reliefs claimed in the suit, issuing restrictions on the original owner from utilizing the FSI; the suit was filed by the society based on flat purchase agreements in favour of its members, with prayers confined to injunction and no declaration of rights. Learned counsel for the society relied on clause 34 of the flat purchase agreement entitling the society to conveyance from the developer; the development agreement provided for construction of FSI inclusive of TDR limited to 59,157 square meters on an area of 31,323 square meters. Held: prima facie, the society would not be entitled to claim any relief beyond the entitlement of the developer. Ad-interim stay granted in terms of prayer clause (a) during pendency of the application; rule made returnable on 1st April 2025.

41-AO-14-2024.doc

MJ Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO. 14 OF 2024 WITH

Digitally signed byMANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date: 2025.02.07 17:17:01 +0530

INTERIM APPLICATION NO. 241 OF 2024 IN

APPEAL FROM ORDER NO. 14 OF 2024

Cable Corporation of India Limited … Appellant

vs.

The Western Edge II Premises Co-operative … Respondent Society Limited Through Authorized Mr. Nitin Kajalkar

Mr. Aspi Chinoy, Senior Advocate a/w Nikhil Sakhardande, Senior Advocate a/w Yash Momaya a/w Munaf Virjee and Rushabh Parekh i/b AMR Law for the Appellant.

Mr. Mehul Shah for Respondent No.1.

Mr. Simil Purohit a/w Krishna Balaji Moorthy a/w Bhakti Mehta a/w Letishiya Chaturvedi i/b Wadia Ghandy & Co. for Respondent No.2.

CORAM : GAURI GODSE, J. DATED : 4^th FEBRUARY 2025

ORDER :-

The appeal raises arguable points. Hence, admit.

Mr. Mehul Shah waives service on behalf of respondent no.1.

Mr. Simil Purohit a/w Krishna Balaji Moorthy a/w Bhakti Mehta

a/w Letishiya Chaturvedi waive service on behalf of respondent

no.2.

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41-AO-14-2024.doc

INTERIM APPLICATION NO. 241 OF 2024 :

Rule on interim relief in terms of prayer clause (a) is made returnable on 1^st April 2025.

The impugned order issues restrictions on the original owner from utilizing the FSI. The suit is filed by the society based on the flat purchase agreements in favour of the members of the society. The prayers in the suit are only for injunction without seeking any declaration for the rights accrued in favour of the society.

The impugned order grants temporary injunction, which are in terms of the final reliefs that are claimed in the suit.

The society claims rights only based on the terms and conditions of the flat purchase agreement in favour of the members of the society. Learned counsel for the society mainly relies upon clause 34 of the flat purchase agreement, which entitles the society to get the conveyance from the developer.

A perusal of the terms and conditions of the agreement indicates that the society would be entitled to conveyance of the property developed by defendant no.2 in terms of the development agreement, which is for construction for an FSI inclusive of TDR limited to 59,157 square meters on an area of 31,323 square meters.

Thus, in view of the terms and conditions of the flat purchase

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41-AO-14-2024.doc

agreement and the terms and conditions of the development agreement, prima facie, the society would not be entitled to claim any relief beyond the entitlement of the developer.

Hence, during the pendency of the application, there will be ad-interim stay in terms of prayer clause (a).

(GAURI GODSE, J.)

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