Quick Summary: The Bombay High Court handled a complicated case about redevelopment agreements at Kalina Vihar Darshan. The court allowed Lakhani Realty LLP to continue seeking immediate help, dismissing attempts to throw out the case over technical issues.
This case involves Lakhani Realty LLP, the company bringing the case, and Kalina Vihar Darshan Co-operative Housing Society, the group they are up against. Dr. Abraham Mathai and others filed temporary requests questioning the redevelopment agreements.
Lakhani Realty LLP wants to go ahead with redevelopment agreements with the housing society. They say most members agree, but a few are slowing things down. The company is also asking for money because of this delay.
Some of the people they are up against, especially numbers 5 and 13, say the case should be thrown out because it doesn't follow Section 12A of the Commercial Courts Act. This rule says there should be a meeting to try to solve the problem before going to court, unless there's an urgent need.
"The case filed in August 2025 asking for specific action doesn't need any immediate temporary help." - Lawyer for the opposing side
Lakhani Realty says they need help right away. They claim the delays are costing them money and that 134 out of 158 members have already moved out.
"The company has spent a lot of money... immediate temporary help against people numbered 2 to 37 is necessary." - Lawyer for Lakhani Realty
Judge Gauri Godse decided that Lakhani Realty's request for immediate help is reasonable, and the case should not be thrown out because of technicalities. The judge said that the need for quick help should be considered from the company's point of view.
"Not giving temporary help can't be a reason to dismiss the case under a specific rule." - Judge Gauri Godse
The court has set the next steps for November 10, 2025. The case will continue to look into whether the redevelopment can go ahead as planned.
This case shows how complicated redevelopment in cooperative societies can be and the legal challenges involved.
