SHAHED KAMAL Vs. PAGARANI UNIVERSAL INFRASTRUCTURE PVT. LTD.

JUDGEMENT

(1.) By this common order, the above Notice of Motion and Interim Application are being disposed. The plaintiffs are 98 in number, 97 of whom are purchasers of flats in a building known as "Universal Garden-1". Plaintiff no.98 is Universal Garden-1 Flat Owners' Welfare Association, a society registered under the Societies Registration Act , 1860. Defendant no.1 is a private limited company, which has developed the suit plot, upon which the aforesaid building has been put up. Defendants 2 to 7 are Directors and Shareholders of the 1st defendant. Defendant no.8 is the Mumbai Metropolitan Region Development Authority (MMRDA), which is the Planning Authority in the area.

(2.) The suit seeks the following reliefs :-

(3.) In the Notice of Motion, the plaintiffs seek an injunction restraining the defendants 1 to 7 from putting up additional construction on the suit plot or creating any encumbrances or from transferring the FSI. It also seeks a restraint against any obstruction by the defendants of the plaintiffs' members using the suit plot and restraint against putting up further building plans. A direction is also sought against defendant no.8-MMRDA to issue a no objection certificate to the Mumbai Municipal Corporation for digging a bore-well in the building. I may mention here that this prayer was not seriously urged during the hearing of this Notice of Motion. In fact, the entire focus was on restraint as far as the further construction proposed by the defendants is concerned. During the pendency of the Notice of Motion, a fresh Interim Application has been filed claiming urgency on the basis that at the hearing of the ad-interim application in the notice of motion, the court had observed that piling work was underway. Further work by defendants 1 to 7 would be subject to orders passed by the court. The Motion was directed to be placed for final hearing and disposal on 16th October 2018.