PANKH PROPERTIES PRIVATE LIMITED Vs. RUSI SORABJI KHAMBATTA

JUDGEMENT

(1.) Heard Mr. Khandeparkar, learned Advocate for Applicant / Plaintiff in Interim Application No.7408 of 2025 and Mr. Pai, learned Advocate for Applicant in Interim Application (L) No.2426 of 2026 Defendant Nos.1 and 4. In Suit No. 359 of 2025, Interim Application No. 7408 of 2025 is filed by Plaintiff for grant of interim reliefs under Order XXXIX Rules 1 and 2 of CPC. In Counter Claim (L) No. 2369 of 2026, Interim Application (L) No. 2426 of 2026 is filed by Defendant No.1 Counter Claimant to pay an amount of Rs.16,50,75,700.00 to Defendant and for grant of ad-interim reliefs under Order XXXIX Rules 1 and 2 of CPC. By consent of parties both Interim Applications for grant of interim reliefs are taken up for hearing and disposal together as facts identical. Pleadings are completed in both Interim Applications. Parties shall be referred to as Plaintiff and Defendants for convenience. Lis is essentially between Plaintiff and Defendant No.1

(2.) Briefly stated, Plaintiff and Defendant No.1 executed registered Deed of Assignment dtd. 20/11/2012 and registered Irrevocable Power of Attorney dtd. 20/11/2012 whereby Defendant No.1 transferred and assigned his entire right and title in leasehold land bearing Plot No.626 equivalent to new Survey No. 1109 (part) and C.S. No. 633/10 of Matunga Division, Dadar - Matunga Estate Scheme ad-measuring approximately 1092.81 square meters within Municipal Ward of 'F' North together with building comprising of ground plus 3 upper floors constructed thereon nomenclatured as Adenwalla Building (for short 'suit property' upon receiving consideration of Rs.12,00,00,000.00to the Plaintiff. Defendant Nos. 2, 3 and 4 are Confirming Parties to the Deed of Assignment dtd. 20/11/2012.

(3.) Mr. Khandeparkar, learned Advocate for Plaintiff while drawing my attention to Interim Application No.7408 of 2025, Affidavit in Reply dtd. 21/1/2026 and Affidavit in Rejoinder dtd. 4/11/2025 filed by Mr. Talha Kapadia, authorised representative of Plaintiff would submit that Defendant No.1 transferred and assigned the suit property to Plaintiff by registered Deed of Assignment to which Defendant Nos.2 to 4 were confirming parties and registered Irrevocable Power of Attorney all dtd. 20/11/2012 for consideration of Rs.12,00,00,000.00. He would submit that Defendant No.1 has admitted receipt of the same. He would submit that Defendant No.1 handed over possession of suit property along with all title documents to Plaintiff and executed Declaration to that effect. He would submit that Deed of Assignment confirms receipt of Rs.12.00 crores as consideration along with all benefits under the Head Lease as well as accompanying, incidental and ancillary rights flowing therefrom. He would submit that Defendant No.1 addressed Letter of Attornment to all tenants attorning their tenancies to Plaintiff. He would submit that recitals of the Deed of Assignment and Letter of Attornment addressed by Defendant No.1 to all tenants show that Plaintiff was to develop the suit property which was tenanted and all requisite legal documents for redevelopment would be executed at a future date if Plaintiff redeveloped the same.