Dindoshi Sai Sadan Co.Op. Hsg.Soc. Ltd. Thr. Vaibhav Rushikant Tondlikar v. Agarwal and Associates Builders and Developers and Ors.
Case brief
What is this about?
Bombay High Court common consent order dated 07.01.2026; COMAO No.26 of 2025 and COMAO No.27 of 2025 (cross appeals); Agarwal and Associates Builder & Developers; Dindoshi Sai Sadan Co-operative Housing Society Ltd.; Sai Sadan Co-operative Housing Society Ltd.; Commercial Suit No.349 of 2024; City Civil Court Mazgaon (Judge, CR No.32); consent setting aside of order dated 28 July 2025; restoration of Notice of Motion No.255 of 2025 and Notice of Motion No.256 of 2025; discharge under Order XXXIX Rule 4 CPC; rights and contentions kept open; merits not examined; interim applications disposed; Court Receiver (OSD Mr. Swayam Chopda) present; counsel: Anoshak Davar, Dhaval Sethia, Shailesh Rai (instructing), Ashish Deep Verma, Aditya Parmar.
What did the court decide?
By consent: the order dated 28th July, 2025 of the Judge, CR No.32, City Civil Court, at Mazgaon, Mumbai (impugned in both appeals) set aside; Notice of Motion No.255 of 2025 and Notice of Motion No.256 of 2025 in Commercial Suit No.349 of 2024 restored to the file of the City Civil Court at Mazgaon, the former to be heard afresh on its own merits; rights and contentions kept open; both Commercial Appeals from Order Nos.26 and 27 of 2025 and the interim applications therein disposed of.