Jammu and Kashmir Bank Limited v. Italia Landscapes LLP (Formerly Known as Italia Eyewear Llp) and 5 Ors.
Case brief
What is this about?
Bombay HC (OOCJ), Somasekhar Sundaresan J, order dt. December 18, 2025 — I.A. Nos. 1781/2025 and 1054/2024 in Suit No. 262/2021 (Italia Landscapes LLP v. M/s. V. Shantilal and Company Pvt. Ltd.; specific performance of Development Agreement) — interventions by Hemal Amish Modi (PAAA holder, Flat No. 402) and J & K Bank (lender seeking lien) disposed by consent: tripartite arrangement binding Flat 402 to PAAA on redevelopment, benefits confirmed to Mrs. Modi, originals to bank for lien, order's recital into PAAA; Plaintiff's ad-interim restraint on redevelopment (April 21, 2021) expressly preserved and continuing to bind Defendant; Defendant's Order 7 Rule 9 CPC application (I.A. 5944/2025) adjourned to January 20, 2026. Keywords: intervention, PAAA, redevelopment, lien, tripartite arrangement, consent, specific performance, interim protection.
What did the court decide?
Both intervention applications (I.A. No. 1781 of 2025 by Hemal Amish Modi and I.A. No. 1054 of 2024 by J & K Bank) disposed of by consent: liberty to execute a tripartite arrangement binding Flat No. 402 to a PAAA upon redevelopment, confirming the flat's redevelopment benefits to Mrs. Modi, delivering original documents to J & K Bank for marking its lien, embedding a recital of this order in the PAAA documentation, while expressly preserving the Plaintiff's existing interim reliefs against the Defendant. The Defendant's I.A. No. 5944 of 2025 (Order 7 Rule 9 CPC) was directed to be listed on January 20, 2026 with connected applications.