Case Note & Summary
The dispute involved a suit filed under Section 6 of the Specific Relief Act, 1963, by Ashapura Options Private Limited and others against Ashapura Developers and others, seeking recovery of possession of commercial premises at Hallmark Business Plaza, Bandra East, Mumbai. The plaintiffs claimed that they were put in possession of units Nos. 901, 903, and 904 (approx. 11,268 sq. ft. carpet area) along with 15 car parking spaces in June 2011 by defendant No.1 in bare shell condition, and that they invested Rs.8 crores in furnishing the premises. The plaintiffs alleged a complex business arrangement between the Ashapura Group (defendants) and Option Group (plaintiffs) under which the suit premises were to be transferred for business purposes, and that possession was handed over as a precursor to execution of sale documents. The plaintiffs claimed continuous, uninterrupted use and occupation of the premises as offices until October/November 2024, when electricity was disconnected for non-payment of dues, but they continued using the premises with generators. On 20 April 2025, the plaintiffs were allegedly forcibly dispossessed when the defendants deployed security guards and bouncers, locked common and VIP entrances, and denied access to the plaintiffs and their employees. The plaintiffs further alleged that on 26 and 29 April 2025, their belongings were removed and dumped in a godown at Bhiwandi. A police complaint was lodged. The suit sought a declaration that the dispossession was illegal, a direction for handing over possession, and perpetual/temporary injunctions against interference and alienation, plus appointment of a Court Receiver. The accompanying interim application prayed for immediate restoration of possession, restraint on the defendants from interfering or creating third-party rights, and appointment of a Receiver. The High Court heard the matter on 9 October 2025 and reserved judgment, which was pronounced on 16 October 2025. The provided text does not contain the arguments, analysis, or final decision; thus, the outcome and legal reasoning are unknown.
Headnote
The judgment text provided does not include the court's reasoning or decision; accordingly, a structured legal headnote cannot be generated.
Issue of Consideration
Whether the plaintiffs are entitled to an interim order directing restoration of possession of the suit premises pending disposal of the suit under Section 6 of the Specific Relief Act, 1963, and whether an injunction should be granted restraining the defendants from interfering with possession or alienating the suit premises, and whether a Court Receiver should be appointed.
Final Decision
Not mentioned in the provided text.
Law Points
- Restoration of possession under Section 6
- Specific Relief Act
- 1963
- Temporary injunction for protection of possession
- Appointment of Court Receiver under Order 40 Rule 1 of Code of Civil Procedure
- 1908
- Forcible dispossession from immovable property
- Recovery of possession based on prior possession and dispossession without due process
- Interim relief pending suit for recovery of possession
