NISSA HOOSAIN NENSEY Vs. PALI HILL NEPTUNE CHSL

JUDGEMENT

(1.) There are several proceedings relating to a dispute over a plot of land at Nargis Dutt Road, Pali Hill, Bandra (West), Mumbai. Listed before me today are two suits. Suit (L) No. 17587 of 2021 is by Nissa Hoosain Nensey ( 'the Nensey Suit '). Suit (L) No. 17583 of 2021 is filed by Rakeysh Omprakash Mehra and Another ( 'the Mehra Suit '). In both suits, Pali Hill Neptune CHSL ( 'the Society ') is the 1st Defendant. The developer ( 'Avenues Seasons ') is the 5th Defendant. Nensey and the Mehras have filed Interim Application (L) No. 17590 of 2021 and Interim Application (L) No 17591 of 2021 in their respective suits for interim reliefs.

(2.) Broadly stated, the case of the Plaintiffs is that they are owners or otherwise entitled to stand-alone structures, and that these structures could not have been made part of the Society 's Development Agreement with Avenues Seasons. The two structures and their occupants / owners were entitled in law to be treated differentially. Mr Shah for the Plaintiffs in both the matters says that there is a restrictive covenant that limits or even prevents the development of both structures, at least not without the explicit, separate consent of these owners/occupants. The owners/occupants could not have been allocated flats in the building to be reconstructed or developed. There is also a dispute about whether the underlying plot was a single plot or whether there was an amalgamation. This may have quite significant consequences on the entitlements of the Society, Nensey and the Mehras.

(3.) Avenues Seasons has filed a pair of Section 8 Interim Applications, one in each suit. Avenues Seasons ' Interim Application (L) No. 18438 of 2021 is filed in the Mehras Suit and Avenues Seasons ' Interim Application (L) No. 18441 of 2021 is filed in the Nensey Suit. Not only does Avenues Seasons present an application under Section 8, but it has also raised a bar of jurisdiction under Section 91 of the Maharashtra Cooperative Societies Act 1960. Mr Shah for the Plaintiffs has filed a limited Affidavit in Reply in the two Section 8 Interim Applications by Avenues Seasons.