Hemal Amish Modi v. Italia Lanscapes LLP
Case brief
What is this about?
Keywords: intervention application; Permanent Alternate Accommodation Agreement (PAAA); lien; J & K Bank; Flat No. 402; redevelopment; tripartite arrangement; specific performance; Development Agreement; ad-interim restraint; Order 7 Rule 9 CPC; Bombay High Court; Somasekhar Sundaresan. Summary: Bombay HC order dated 18-12-2025 disposing of two intervention applications in Suit No. 262 of 2021 (specific performance of a Development Agreement) by permitting a tripartite arrangement binding Flat No. 402 to a PAAA in favour of Hemal Modi and marking J & K Bank's lien on the redevelopment rights, while expressly preserving the Plaintiff-developer's ad-interim restraint protections dating from 21-04-2021.
What did the court decide?
Liberty to execute a tripartite arrangement confirming redevelopment benefits of Flat No. 402 to Mrs. Modi and enabling J & K Bank to mark its lien (original documents to be delivered to the Bank); recital of this order to form part of the PAAA documentation; Plaintiff's interim protections expressly preserved; IA 5944/2025 listed for January 20, 2026.