Subhash Nagar Srushti Co. Operative Housing Society Limited v. Gadkari Builders and Associates

Bombay HC5 Feb 2026CPCD/62/2025

Case brief

AI extract

What is this about?

Subhash Nagar Srushti Co Operative Housing Society Limited; Gadkari Builders And Associates; Jaydeep Suryakant Gadkari; contempt petition; Commercial Arbitration Petition 18 of 2024; breaches of Consent Terms; undertakings to the Court; Rs. 2 lakhs per member; Full Occupation Certificate; Srushti Enclave; handover of flat possession; balance arrears; liberty reserved; Bombay High Court Commercial Division; Arif S. Doctor; 13 February 2026.

What did the court decide?

Undertakings of Respondent Nos. 2 and 3 accepted as undertakings to the Court; Contempt Petition disposed of with the Petitioner's liberty reserved to press it afresh in the event of breach. ¶¶25

Subhash Nagar Srushti Co. Operative Housing Society Limited vs Gadkari Builders and Associates — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Undertakings of Respondent Nos. 2 and 3 accepted as undertakings to the Court; Contempt Petition disposed of with the Petitioner's liberty reserved to press it afresh in the event of breach.

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Issue for consideration

Whether the Respondents' alleged breaches of the Consent Terms warranted pursuit of the Contempt Petition, or whether the fresh undertakings offered in Court sufficed in lieu thereof.

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Court's answer

The Court accepted as undertakings given to the Court the commitments made by Respondent Nos. 2 and 3, namely: (i) payment of Rs. 2 lakhs per member of the Petitioner-Society in March 2026; (ii) an application for Full Occupation Certificate of the building Srushti Enclave by 30 March 2026; (iii) handing over physical possession of the Petitioner members' flats after obtaining the Full Occupation Certificate in May 2026; and (iv) payment of whatever balance arrears are owing to the Petitioner members by 30 May 2026. Respondent Nos. 2 and 3 assured the Court that these undertakings will be adhered to without breach.

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Ratio / Principle

In view of the undertakings given, the Petitioner's counsel did not press the Contempt Petition (reserving his rights to do so if required), and the Court disposed of the Contempt Petition reserving the Petitioner's liberty.

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Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Arif S. Doctor, J.), 13 February 2026: Contempt Petition No. 62 of 2025 (in Commercial Arbitration Petition No. 18 of 2024) filed by Subhash Nagar Srushti Co Operative Housing Society Limited against Gadkari Builders And Associates over alleged breaches of Consent Terms was disposed of. Respondent No. 2, Mr. Jaydeep Suryakant Gadkari, present in Court, undertook through counsel that: (i) Rs. 2 lakhs per Society member would be paid in March 2026; (ii) an application for Full Occupation Certificate of Srushti Enclave would be made by 30 March 2026; (iii) physical possession of the members' flats would be handed over in May 2026 after obtaining the Full Occupation Certificate; and (iv) balance arrears owing to members would be paid by 30 May 2026. These undertakings were accepted as undertakings to the Court, Respondent Nos. 2 and 3 assuring no breach. The Petitioner's counsel, noting further alleged breaches of the Consent Terms, chose not to press the Contempt Petition, reserving his rights; the Court disposed of the petition reserving his liberty.

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10-CPCD-62-2025 (OS).DOC

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

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IN ITS COMMERCIAL DIVISION

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CONTEMPT PETITION NO. 62 OF 2025

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COMMERCIAL ARBITRATION PETITION. 18 OF 2024

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Subhash Nagar Srushti Co Operative Housing Society Limited ...Petitioner Versus

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Gadkari Builders And Associates ...Respondent

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Mr. Shailesh Shah, Senior Counsel, and Dibyojeet Banerjee a/w Anuj Athalye and Rohan Gupta i/b Legasis Partners for the Petitioner.

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Mr. Manoj Harit a/w Saloni Bafana i/b Manoj Harit & Co. for the Respondent.

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CORAM : ARIF S. DOCTOR, J. DATE : 13th FEBRUARY, 2026

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P.C.

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Mr. Harit learned counsel appearing on behalf of the Respondent (Developer) today in the presence of Respondent No.2- Mr. Jaydeep Suryakant Gadkari, undertakes as follows:

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(i) That the Respondents shall in the month of March, 2026 make payment of sum of Rs. 2 lakhs per member of the Petitioner-Society.

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(ii) That the Respondents shall by 30th March, 2026 make an Application for Full Occupation Certificate of the building in question namely Srushti Enclave.

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(iii) That the Respondents shall in the month of May, 2026 handover the

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Areeb

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10-CPCD-62-2025 (OS).DOC

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physical possession of the flats of the Petitioner members after obtaining Full Occupation Certificate.

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(iv) That the Respondents shall by 30th May, 2026, pay whatever balance arrears that may be owing to the Petitioner -members.

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The undertakings of Respondent Nos. 2 and 3 are accepted as undertakings given to this Court. The Respondent Nos. 2 and 3 have been explained the seriousness of this undertaking, to which Respondent Nos. 2 and 3 assure the Court that the same will be adhered to and there shall now be no breach of this undertaking.

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Mr. Shah, at this stage submits that the Contempt Petition also alleges certain other breaches of the Consent Terms by the Respondents, but given what the Respondents have undertaken today, he is presently not pressing the Contempt Petition. He, however, reserves his rights to do so in the event if so required.

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The Contempt Petition is accordingly disposed of reserving his liberty.

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[ARIF S. DOCTOR, J.]

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Areeb

Subhash Nagar Srushti Co. Operative Housing Society Limited v. Gadkari Builders and Associates

Case brief

What is this about?

What did the court decide?

Subhash Nagar Srushti Co. Operative Housing Society Limited v. Gadkari Builders and Associates

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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