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Clover Developers Pvt. Ltd. v. Rakhee Sachdev and Ors.

Bombay HC6 Feb 2026IA/803/2026

Case brief

AI extract

What is this about?

Interim application to raise further/additional grounds in pending first appeal allowed under Order XLI Rule 27 CPC; amendment of memo of appeal on account of change in law during pendency; merits reserved for final hearing; applicability of Maharashtra Ownership Flats (Amendment and Validation) Act 2025 deferred; reference to earlier RERA application and order; Bombay High Court, Coram Shree Chandrashekhar CJ and Gautam A. Ankhad J; Clover Developers Pvt. Ltd. v. Rakhee Sachdev & Ors.; clubbed with WP 7247/2023, IA 16432/2023 and FA 282/2021; next hearing 17-03-2026.

What did the court decide?

Interim Application No.803 of 2026 allowed: amendment of the memo of first appeal to raise further grounds to be carried out within four weeks; respondents to file reply-affidavit within one week thereafter; matter posted on 17th March 2026.

Clover Developers Pvt. Ltd. vs Rakhee Sachdev and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim application seeking to raise further grounds (amendment of the memo of first appeal) in the pending First Appeal No.281 of 2021 should be allowed. +1 more

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Court's answer

Under Order XLI Rule 27 of the Code of Civil Procedure, 1908, an application for raising further ground can be entertained by the appellate court for arriving at a just decision.

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Ratio / Principle

At the interim stage, the merits of the matter cannot be adjudicated by the Court while seized with the interim application.

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Key takeaways

The Interim Application is allowed; the amendment is to be carried out within four weeks, and the respondents' reply-affidavit is to be filed within one week thereafter.ratio¶36
Whether the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment and Validation) Act, 2025 apply in the facts of the case is an issue left open, to be considered at the time of final hearing.obiter¶30

Detailed headnote1 paragraphs

Bombay High Court (Shree Chandrashekhar, CJ and Gautam A. Ankhad, J.; order dated 06-02-2026) allowed Interim Application No.803 of 2026 in pending First Appeal No.281 of 2021 filed by Clover Developers Pvt. Ltd. seeking to raise further grounds in the memo of appeal on account of a change in law while the appeal was pending. Invoking Order XLI Rule 27 of the Code of Civil Procedure, 1908, the Court held that an application for raising further ground can be entertained by the appellate court for arriving at a just decision, but that the merits cannot be adjudicated at the interim stage. Amendment to be carried out within four weeks; respondents (Rakhee Sachdev & Ors.) to file reply-affidavit within one week thereafter; matter posted to 17th March 2026. The question whether the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment and Validation) Act, 2025 applies in the facts of the case was expressly left for the final hearing. The matter was heard along with W.P. No.7247 of 2023, I.A. No.16432 of 2023 therein, and First Appeal No.282 of 2021.

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1.803.26-ia.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.803 OF 2026 IN

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FIRST APPEAL NO.281 OF 2021

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Digitally signed by BASAVRAJ BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2026.03.05 12:13:18 +0530

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Clover Developers Pvt. Ltd. .. Applicant / Appellant

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Vs.

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Rakhee Sachdev & Ors.

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.. Respondents

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WITH

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WRIT PETITION NO.7247 OF 2023 WITH

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INTERIM APPLICATION NO.16432 OF 2023 IN WRIT PETITION NO.7247 OF 2023 WITH FIRST APPEAL NO.282 OF 2021

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...

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Mr. Dinyar Madon, Senior Advocate with Ms. Kausar Banatwala, Mr. Ziyad Madon, Ms. Vidisha Rohira and Mr. Dhavall Gandhy i/b. Tushar Goradia, Advocates for the Applicant in IA/803/2026 and for the Appellant in FA/281/2021

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Ms. Neuty Thakkar, Advocate for the Appellant in FA/282/2021

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Mr. Mayur Khandeparkar i/b. Mr. Tushar Goradia, Advocates for the Petitioners in WP/7247/2023

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Mr. Lalit Jhunjhunwala with Mr. Pavan Patil, Ms. Ruchita Verma, Mr. Shubham Saraf and Mr. Tanmay Deshmukh, Advocates for Respondent Nos.1 to 7 and 9.

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Mr. O. A. Chandurkar, Additional Government Pleader with Ms. G. R. Raghuwanshi, AGP for the State.

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Mr. Pravin Nadkarni, Applicant in person in IA/16432/2023

bgp

Page | 1

1.803.26-ia.docx

CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

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DATE : 6^th FEBRUARY 2026

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P.C. :

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This interim application seeks to raise further grounds in the pending First Appeal. Mr. Dinyar Madon, the learned senior counsel for the applicant states that there has been a change in law while this First Appeal was pending before this Court and this has necessitated incorporation of certain facts and grounds in the memo of first appeal.

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Mr. Lalit Jhunjhunwala, the learned counsel for the respondent nos.1 to 7 and 9 tenders a copy of the reply-affidavit which is taken on record.

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The respondents have opposed this interim application for the reason that the grounds urged on behalf of the appellant may be adjudicated at the time of final hearing and there is no necessity for any amendment in the pleadings. The learned counsel for the respondents further states that the appellant has already moved an application before the Real Estate Regulatory Authority (RERA) and an order has been passed thereon.

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Order XLI Rule 27 of the Code of Civil Procedure, 1908 provides that any application for raising further ground can be entertained by the appellate court for arriving at a just decision in the Court. Whether the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment and Validation) Act, 2025 shall apply in the facts of the case or not is an issue that can be considered at the time of final hearing.

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