42 Ia-3990-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3990 OF 2026 IN SUIT NO. 781 OF 2009 Nirban Lifespaces Llp ...Applicants/Plaintiffs Vs. Adi Alias Ardeshir Irani And 2 Ors. ...Respondents ***** Mr. Rohit Lalwani a/w Adv. Nooraiin Patel i/by Diamondwala and Co. Advocate for the Applicant in IA Mr. Avinash Joshi i/by Mulla and Mulla Advocate for the original Plaintiffs Adv. Nerissa Almeida i/by Adv. Armaity S. Khushrushahi For the defendant ***** CORAM : S. M. MODAK, J. DATE : 24th AUGUST 2026 P. C. :- 1. Heard learned Advocate for the Applicant-Developer, learned advocate for the Plaintiff and learned advocate for the Defendant. 2. It is true this Court as per order dated 23.02.2026 has not acceded the prayer of the Plaintiff for the appointment of the Court receiver. There are two immovable properties referred in para no. 2 of Seema 1/4 SEEMA KSHITIJ YELKAR Digitally signed by SEEMA KSHITIJ YELKAR Date: 2026.08.28 12:43:14 +0530 42 Ia-3990-2026.doc the order dated 23.02.2026. The present application pertains to the Commercial premises No. A-5, admeasuring 1,143 sq. ft. situated at Guru Himmat Premises Co-operative Society, Mazgaon. 3. Now the Applicant wishes to demolish this building and he wants to execute the PAAA agreement. It is true by the same order this Court on one hand has rejected the request for appointment of the Court receiver and at the same time granted liberty to the Defendant and/or the Developer to approach this Court prior to the execution of the PAA agreement. Defendant is consenting for issuing those directions. 4. Whereas learned advocate for the Plaintiff has invited my attention to the observations in para nos. 11 and 12 of the said order. His contention is this Court has observed that “Both the transit rent and the corpus would constitute assets of the Partnership Firm, and the estate of the Deceased would be entitled to such portion thereof as may be found payable in respect of his 60% share therein, upon the accounts of the Partnership Firm being duly drawn up and finalised. By the same logic, the PAAA may also be executed by the Defendant on behalf of the Partnership Firm in his capacity as surviving partner.” Seema 2/4 42 Ia-3990-2026.doc 5. His submission is that he is not opposing for issuing direction, but Defendant should be directed to deposit the transit rent and corpus in this Court. It is opposed on behalf of the Defendant. 6. Yet it is to be decided, whether those premises can be administered or not. Admittedly, the deceased was a partner with the defendant in that partnership firm. This Court feels that direction to deposit the corpus fund and transit rent will be onerous for the defendant. Defendant can be directed to furnish an undertaking. There is grievance that earlier also defendant has not submitted the amounts in spite of the directions. 7. Let learned advocate for the Defendant to take instruction about compliance of those orders, if any. Even the Plaintiff can take appropriate steps. 8. With these observations, the following order is passed :- ORDER A) The interim application is allowed in terms of prayer clause ‘a’ which reads thus :- a. that this Hon’ble Court be pleased to pass an order directing the Defendant to execute Agreement for Seema 3/4 42 Ia-3990-2026.doc Permanent Alternate Accommodation, to attend the office of Sub-Registrar of Assurances for the purpose of admit execution and registration of Agreement for Permanent Alternate Accommodation and to hand over the possession of the existing premises to the Applicant for the purpose of demolition and redevelopment within a period of 7 days from the date of passing of this order”. subject to furnishing an undertaking by the Defendant that he will abide to the directions of the Court about transit rent and corpus fund. B) The defendant further directed to inform on affidavit about amount of corpus fund and transit rent. C) It is made clear that defendant will execute that agreement as partner of the partnership firm by mentioning the necessary details. 9. With the above observation, the Interim Application is disposed of. [S. M. MODAK, J.] Seema 4/4