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2026 DAILYLAW 8868 (BOM)

TARACHAND PREMJI DEDHIA v. M/S DHANLAXMI BUILDERS AND DEVEELOPERS THROU. ITS PROP AND ORS

WP/6578/2026 · 2026-09-16

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Judgment text

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26-wp-6578-26.doc INGALE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6578 OF 2026 Shri Tarachand Premji Dedhia ...Petitioner Versus M/s. Dhanlaxmi Builders & Developers and ors. ..Respondents ... Ms. Amruta Kundap, for the Petitioner. Mrs. Neha S.Bhide, GP a/w Mrs. Shruti D. Vyas, Addl. GP and Mrs. P.J. Gavhane, AGP, for the Respondents No. 3 & 4-State. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 16th SEPTEMBER, 2026 P.C.: 1. Heard Ms. Amruta Kundap, the learned counsel for the Petitioner and Ms.Bhide learned GP appearing for the Respondent No.1-State. 2. The instant writ petition is preferred, inter alia, for the following reliefs :- a. That this Hon'ble court be pleased to issue a writ of mandamus or any other writ in the nature of mandamus to direct the Respondent no.2 to attach the property as per the order dated 19/10/2022 Residential and Commercial property along with the other properties. 1 PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.09.17 21:28:58 +0530 26-wp-6578-26.doc b. Direct the Respondent No.1 to pay interest for delayed possession in accordance with the provisions of the Real Estate (Regulation and Development) Act, 2016 from the agreed date of possession i.e. June 2019 till actual possession; c. Pending the Hearing and final disposal of the Petition this Hon'ble Court be pleased to appoint Court receiver to take possession of the suit premises and or give such further and other necessary directions as this Hon'ble court may deem fit and proper in the interest of justice. d. Direct the Respondent No.1 to pay compensation to the Petitioner towards mental agony, harassment, and financial loss suffered by the Petitioner due to the acts and omissions of the Respondent No. 1; d. That pending the hearing and final disposal of the suit, this Hon'ble court may be pleased to pass the order and injunction that Respondent no.3 may be ordered to execute the recovery warrant issued against the Respondent no.1 and the due amount may be recovered from the Respondent no.1. 3. At the outset, learned counsel for the Petitioner submits that pursuant to the order passed by the RERA and approved by the Appellate Authority, until date, there is no other impediment not to execute such orders. Learned counsel for the Petitioner has confined the relief to the extent that Respondent No.2 be directed to attach the property in terms of order dated 19/10/2022 passed by the RERA. 4. Be that as it may. The instant writ petition stands disposed of with an observation/direction that in case, there is no other impediment, the Collector, Mumbai Suburban- Respondent No.3 is directed to attach the subject property, in 2 26-wp-6578-26.doc accordance with law, in terms of order dated 19/10/2022 passed by the RERA. 5. With the aforesaid direction, the writ petition is disposed of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3