Bombay High Court
MULUND NEMVIHAR CO-OPERATIVE HOUSING SOCIETY LTD. AND ANR.versusSANDHYA ARVIND GANATRA
- Decided
- Disposal
- Allowed
- Bench
- MILIND N JADHAV
Holding
The court ordered the correction of the order to replace "Defendants" with "Appellants" and to insert the specified sentence regarding the non‑vacating of the flat.
Summary
In an appeal before the Bombay High Court, the appellants (Mulund Nemvihar Co-operative Housing Society Ltd & Anr.) sought correction of the order dated 08.01.2026. By mutual consent, the court was directed to replace the word "Defendants" with "Appellants" in paragraph 4 and to insert a sentence in paragraph 5 stating that the reason for non‑vacating of the flat is the appellant's failure to execute a PAAA with the respondent as per the Development Agreement. The court accepted the amendment, ordered the corrected order to be uploaded, and left the remainder of the order unchanged. The procedural application was disposed of.
Issues considered
- Whether the order dated 08.01.2026 may be amended to correct terminology and insert additional factual clarification
- Whether such amendment requires any substantive hearing or can be done by consent
Subjects
- order amendment
- civil appellate jurisdiction
- co-operative housing society
- development agreement
- procedural correction
Judgment
902. AO-659-25.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 659 OF 2025
WITH
INTERIM APPLICATION NO. 13811 OF 2025
Mulund Nemvihar Co-operative Housing Society Appellants
Ltd & Anr. .. (Org. Plaintiffs)
Versus
Sandhya Arvind Ganatra Respondent
.. (Org. Defendant)
....................
Mr. Vishwajeet Kapse a/w Mr. Yogesh Rane, Advocates for
Appellants
Mr. Amit Pai, Advocate for Respondent
...................
CORAM : MILIND N. JADHAV, J.
DATE : JANUARY 13, 2026
P. C.:
1. Heard Mr. Kapse, learned Advocate for Appellants and Mr. Pai,
learned Advocate for Respondent.
2. Pursuant to the praecipe filed dated 12.01.2026, AO is placed
today for speaking to the minutes of order dated 08.01.2026.
3. By consent of both the learned Advocates, word " Defendants"
appearing in the last sentence of paragraph No. 4 be replaced with the
word "Appellants".
3.1. Further add the following sentence at the end in paragraph No.
5:-
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902. AO-659-25.odt
"Mr. Pai would submit that the actual reason for non-
vacating of the flat is that the Appellant No. 2 has not
executed PAAA with Respondent as per the terms of the
Development Agreement."
4. Correction / addition to the above effect be carried out in the
order dated 08.01.2026 and corrected / modified order be uploaded.
Rest of the order shall stand as it is.
5. Praecipe is disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.01.13
17:51:12 +0530
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