Mathuradas Welfare Association vs Angelo Lobo — Bombay HC (2026) — LawSathi Research

Mathuradas Welfare Association vs Angelo Lobo — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions issued (to be considered further on the next date): (i) transit rent to be remitted by NEFT to association-confirmed tenant accounts on the 25th of each month in advance, remittance constituting payment, with 48-hour affidavit proof to the Registry and copies served on the Petitioners; (ii) the Developer to identify allocated units for the tenant-Petitioners by Senior Officer affidavit consistent with the plans submitted for sanction, disclosing sanction dates and annexing the plans, with a fresh affidavit upon any change; (iii) the Developer's affidavit to state the precise full-possession date, a specific completion timeline and a bar-chart work plan as a commitment to the Court; affidavits by both sides by February 17, 2026; affidavit-in-reply taken on record; actions effective upon receipt of a downloaded copy from the Court's website; matter stood over to February 18, 2026.

Issue for consideration

Timely payment of monthly transit rent to the tenant-Petitioners. +2 more

Court's answer

Remittance to the bank accounts identified in the tenant-wise NEFT particulars constitutes payment to the respective tenants.

Ratio / Principle

Transit rent payments shall be made on the 25th of each month, in advance for the succeeding calendar month.

Key takeaways

The tenant-wise NEFT particulars must be confirmed by the association of tenants in its communication to the Developer and shall form part of an affidavit filed in this Court.ratio¶32
Within 48 hours of each remittance, evidence of remittance along with confirmation that payment has been made shall be filed by affidavit with the Registry of the Court, with a copy served on the Petitioners.ratio¶38
The Developer shall identify the specific units currently contemplated to be allocated to the specific tenants who are Petitioners, as set out in the proposed plans submitted for sanction.

Detailed headnote1 paragraphs

Bombay High Court, OOCJ (Somasekhar Sundaresan J., February 9, 2026) — interim directions in Contempt Petition No. 49 of 2025 in IA No. 1239 of 2021, Jaavi Infra Pvt. Ltd. v. Mathuradas Welfare Association & 87 Ors., with connected matters in Suit No. 407 of 2022 (including Court Receiver Report No. 67 of 2023 and Contempt Petition No. 10 of 2025). (1) Transit rent: tenant-wise NEFT particulars, once confirmed by the tenants' association and affirmed to the Court, become the payment channel; remittance to those accounts constitutes payment to the tenants; payments fall due on the 25th of each month in advance for the succeeding calendar month; within 48 hours of each remittance the Developer must file affidavit proof with the Registry, copies served on the Petitioners. (2) Unit allocation: despite disputes over a supplementary PAAA, the Developer must identify, by affidavit of a Senior Officer, the specific units contemplated for each tenant-Petitioner consistently with the plans submitted for sanction (sought about two months earlier), disclosing sanction dates and annexing the plans, with a fresh affidavit upon any readjustment imposed by the Municipal Authority. (3) Completion timeline: although the parties quarrel over when the 36-month period begins and the Developer blames the tenants for delayed possession (last tenant vacated after approaching the Court in August 2025), the Court held that this controversy, the building having been demolished, relates to the past and cannot hold up fixation of a work plan; the Developer's affidavit must state the precise full-possession date, a specific completion timeline and a bar-chart work plan as a commitment to the Court. Affidavits by both sides by February 17, 2026; affidavit-in-reply taken on record; stand over February 18, 2026.

23-CONP-49-2025.doc

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

Digitally signed byCHAITANYA CHAITANYA ASHOK ASHOK JADHAV JADHAV Date: 2026.02.12 11:50:44 +0530

CONTEMPT PETITION NO. 49 OF 2025 IN

INTERIM APPLICATION NO. 1239 OF 2021

Jaavi Infra Pvt. Ltd. …Petitioner

Versus

Mathuradas Welfare Association And 87 Ors. …Respondents

WITH INTERIM APPLICATION (L) NO. 1738 OF 2022 IN

SUIT NO. 407 OF 2022 WITH

COURT RECEIVER REPORT NO. 67 OF 2023 IN

SUIT NO. 407 OF 2022 WITH

CONTEMPT PETITION NO. 10 OF 2025 WITH

INTERIM APPLICATION (L) NO. 19380 OF 2022 IN

SUIT NO. 407 OF 2022 WITH

INTERIM APPLICATION NO. 645 OF 2026 WITH

INTERIM APPLICATION NO. 6866 OF 2025 IN

SUIT NO. 407 OF 2022

Adv. Simil Purohit a/w Adv. Anosh Sequeria, Adv. Vikas Kumbhar, Adv. Karan Nichani, for the Petitioners/Plaintiffs.

Mr. Sunil C. Khandagale i/b Komal Punjabi, for the Respondent-BMC.

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February 9, 2026

Chaitanya

23-CONP-49-2025.doc

Mr. Ashish Kamat, Senior Advocate a/w Mr. Vaibhav Chasalwar i/b Mr. Jitendra Jain, for the Respondent No.1 in CP/10/2025.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : FEBRUARY 9, 2026

ORDER :

Heard Learned Advocate for the parties.

The core issues forming part of the present controversy pertain to (i) timely payment of monthly transit rent; (ii) confirmation, identification, and allocation of units in the redeveloped premises; and (iii) the timeline for completion of the project.

Having heard the parties at some length, the following directions are issued and the same would be considered further on the next date :-

A) Advocates for the Petitioner shall give a tenant-wise list of NEFT particulars for each of the Petitioners who are alleging contempt in connection with non-payment of transit rent;

B) Such NEFT particulars for each of the tenants would need to be confirmed by the association of tenants in its communication to

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the Developer, and shall also form part of an affidavit to be filed in this Court;

C) The remittance to the accounts identified in the NEFT particulars would constitute payment to the respective tenants. Such payments shall be made on the 25^th of each month for the succeeding calendar month in advance;

D) Within 48 hours of the remittance, evidence of remittance, along with confirmation that the payment has been made, shall be filed in an affidavit with the Registry of this Court. A copy of the said Affidavit shall be served on the Petitioners;

E) Since the parties have disputes about the contents of a supplementary PAAA, but the core issue is identification of the units in the redeveloped premises to be allocated, the Developer shall identify the specific units currently contemplated to be allocated to the specific tenants who are Petitioners, as set out in the proposed plans for which sanction is said to have been sought two months ago;

F) A specific affidavit shall be filed by a Senior Officer of the Developer, identifying the specific units meant to be allocated to

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the specific tenants. Since it is stated by the Learned Senior Advocate for the Developer that there may be a readjustment of these based on any conditions imposed by the Municipal Authority while sanctioning the plans, should there be any change in such allocation, the same shall be identified in a fresh affidavit, as and when the plans are sanctioned;

G) The affidavit shall specifically disclose dates on which the sanction was sought and annex the plans for which sanction has been sought, so that there is full clarity that the allocation being identified is in fact consistent with the plans presented for approval.

H) Finally, as regards the timeline for completion, there is some quarrel about when the 36-month period should start. It is contended by the Developer that the Petitioners have delayed handing over possession, and they have had to come to Court as recently as August 2025 to have the last tenant vacate the premises. The affidavit to be filed by the Developer shall identify the precise date on which full possession had been received by the Developer. In any case, the building having been demolished, this controversy relates to the past and cannot hold up the

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identification of a work plan and a specific deadline by which work will be completed as a commitment to the Court;

I) The affidavit to be filed by the Developer shall also identify the specific timeline and annex a specific bar chart showing the work plan that would need to be adhered to;

J) Let such affidavits by both sides be filed no later than February 17, 2026.

Affidavit-in-reply to the Interim Application is taken on

record.

Stand over to February 18, 2026.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

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