UTKARSH CO-OPERTAIVE HOUSING SOCIETY LTD AND ANR v. COSMOS PRIME PROJECTS LTD AND ORS
IA/6996/2026 · 2026-09-07
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6962 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6962 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Renuka 18-IA-6996-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6996 OF 2026 IN WRIT PETITION NO. 10890 OF 2018 Utkarsh Co-Operative Housing Society Ltd And Anr. ...Petitioners V/s. Cosmos Prime Projects Ltd And Ors. ...Respondents ________________ Mr. Rakesh Kumar Singh with Ms. Pooja M. Zagde for Applicant in Interim Application and Respondent No. 3 and 4 in WP. Mr. Karansingh Shekhawat for Petitioner in WP. Ms. Savina R. Crasto, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J.
DATED: 7 SEPTEMBER 2026. P.C.: 1) The Interim Application is filed by Respondent Nos. 3 and 4 seeking restraint order against the Petitioner from creation of any third party rights in respect of the petition property. It appears that Respondent No. 3-society has already passed a resolution for purchase of the entire larger portion of the land from the Petitioner. It is an anxiety of Respondent No. 3 that Petitioner is likely to create third party rights in respect of the property during pendency of settlement talks. Page No.
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2 7 SEPTEMBER 2026 RENUKA SHANKARSINHA THAKUR Digitally signed by RENUKA SHANKARSINHA THAKUR Date: 2026.09.08 10:43:08 +0530
Renuka 18-IA-6996-2026.docx 2) The learned counsel appearing for the Petitioner makes a statement that Petitioner is not intending to create any third party rights in respect of the Petitioner-society. This quells the apprehension expressed on the part of the Respondent No. 3. He submits that Petitioner has no objection if directions are passed in terms of prayer clause (a) of the Interim Application. 3) The Interim Application is disposed of by granting relief in terms of prayer clause (a) of the Interim Application which reads thus:- (a) that pending the hearing and final disposal of Writ Petition No. 10890 of 2018, the Petitioner. Respondent No. 7 M/S. Vastukar Builders, Aurum Parks Private Limited and all persons claiming through or under them, by themselves, their servants, agents and assigns, be restrained by an order and injunction of this Hon'ble Court from selling, transferring, conveying, assigning, leasing, licensing, mortgaging, charging, encumbering, developing, parting with possession of, or otherwise creating any third-party right, title or interest of whatsoever nature in respect of Sub-Plot No. 1 admeasuring 2,038.21 sq.
mtrs forming part of Final Plot No. 1035 of T.P.S. IV, Mahim Division, together with the building known as
"Utkarsh" standing thereon; 4) List the Petition under caption 'for settlement' on 29 September 2026 as directed above. [SANDEEP V. MARNE, J.] Page No.
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2 7 SEPTEMBER 2026