MANAS SHELTER PVT. LTD. Vs. MADAVLAL NARAYANLAL PITTIE

JUDGEMENT

(1.) This Appeal is filed under the provisions of Sec. 13(1A) of the Commercial Courts Act, 2015 challenging the Order dtd. 27/3/2024 passed by the learned Single Judge of this Court allowing Interim Application No. 4794 of 2022 filed by Defendant No.1A for vacation of interim injunction under the provisions of Order XXXIX Rule 4 of the Code of Civil Procedure , 1908 (the Code). By impugned order dtd. 27/3/2024, the learned Judge has vacated the order of interim injunction granted in favour of the Appellant- Plaintiff vide order dtd. 15/6/2015 passed in Notice of Motion (Lodg.) No. 2370/2014.

(2.) Brief facts leading to filing of the present petition are that Defendant No.1 was appointed as a Receiver in Suit No.224/1961 filed for partition of ancestral joint family properties. In his capacity as the Court Receiver, Defendant No.1 executed MOU dtd. 21/5/2002 with Mr. Nitin Karambelkar who allegedly owns and controls the Plaintiff- Company. On 16/12/2003, Development Agreement was executed between the Plaintiff and original Defendant No.1 for carrying out the redevelopment of the suit property. On 8/12/2006, Municipal Corporation issued Intimation of Disapproval for carrying out construction of new building. Plaintiff completed construction of transit camp for tenants at the site and entered into Tri-Partite Agreements dtd. 19/11/2007 with the tenants. The last tenant vacated the structure on 15/7/2009. Commencement Certificate was issued by the Municipal Corporation on 27/11/2009. On 18/3/2011, a revised NOC was issued by MHADA stipulating condition of completion of construction within 30 months. Plaintiff completed the construction upto plinth level. On account of inability of the Plaintiff to carry out further construction, original Defendant No.1 issued notice dtd. 16/7/2013 terminating the Development Agreement and the Power of Attorney. Plaintiff filed Commercial Suit No. 344/2015 inter alia challenging the termination notice dtd. 16/7/2013 and seeking a declaration that the Development Agreement and the Power of Attorney were valid and subsisting. Plaintiff filed Notice of Motion (L.) No. 2370/2014 in the suit seeking temporary injunction. By order dtd. 15/6/2015, the learned Single Judge of this Court allowed the said Motion in terms of prayer clauses (a) and (c) thereby restraining the Defendants from acting upon termination notice dtd. 16/7/2013 and from obstructing redevelopment of the suit property. Original Defendant No.1 filed Appeal before the Division Bench challenging order dtd. 15/6/2015, which was withdrawn with liberty to file application under Order XXXIX Rule 4 of the Code for vacation of the interim injunction. Accordingly, Defendant No.1 took out application for vacation of interim injunction under Order XXXIX Rule 4 of the Code, which was dismissed on 14/3/2017. The Appeal preferred by Defendant No.1 challenging the order dtd. 14/3/2017 was also dismissed. Special Leave Petition challenging the order of the Appeal Court was also dismissed by the Hon'ble Supreme Court on 6/8/2018.

(3.) After waiting for 4/5 years, Defendant No.1A filed Interim Application No. 4794/2022 once again seeking vacation of interim injunction granted vide order dtd. 15/6/2015 under the provisions of Order XXXIX Rule 4 of the Code alleging that Plaintiff did not take any steps for redevelopment of the suit property despite passage of nine long years after grant of temporary injunction. Plaintiff opposed the application by filing Affidavit-in-Reply. The learned Single Judge has proceeded to allow Interim Application No. 4794/2022 by impugned order dtd. 27/3/2024 and has vacated the interim injunction granted in favour of the Plaintiff vide order dtd. 15/6/2015. The present Appeal challenges order dtd. 27/3/2024 passed by the learned Single Judge. The Plaintiff also filed application seeking clarification/modification of order dtd. 27/3/2024, which has been rejected by the learned Single Judge by order dtd. 15/4/2024, which is also subject matter of challenge in the present Appeal.