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Bombay High Court

ULLTRA LIFESPACE PVT LTDversusVijay Thakkar (HUF) and Anr

Decided
Disposal
Disposed Off

Holding

The court corrected the appellant's name in the original order and disposed of the interim applications, finding no ground to penalise the appellant for the five‑day delay in payment.

Summary

The High Court corrected the name of the appellant in three second appeals from "Ultra Lifespace Pvt Ltd" to "Ulltra Lifespace Pvt. Ltd." as per the order dated 17 December 2025. The appellant asserted that it had cleared outstanding maintenance and other charges owed to the society, albeit five days late, and sought relief from any action for non‑compliance of clause (b) of the order. The respondents requested time to take instructions. The court noted the appellant's claim of payment, albeit delayed, and found no basis to penalise the appellant for the five‑day delay. Consequently, the original order was corrected and the interim applications were disposed without further order.

Issues considered

  • Whether the appellant's name should be corrected in the orders of the three second appeals.
  • Whether a five‑day delay in clearing maintenance dues constitutes non‑compliance of clause (b) of the order dated 17 December 2025.
  • Whether any action should be taken against the appellant for alleged non‑compliance.

Subjects

  • correction of order
  • interim application
  • maintenance dues
  • society
  • compliance
  • civil appellate jurisdiction

Judgment

2026:BHC-AS:4666

                                                                          3 ia 13609 of 2025.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                             INTERIM APPLICATION NO.13609 OF 2025
                                              IN
                                SECOND APPEAL NO.619 OF 2025

            Ulltra Lifespace Pvt. Ltd.                          ...   Appellant
                   versus
            Vijay Thakkar (HUF) and Anr.                        …     Respondents
                                            WITH
                             INTERIM APPLICATION NO.13619 OF 2025
                                              IN
                                SECOND APPEAL NO.620 OF 2025

            Ulltra Lifespace Pvt. Ltd.                          ...   Appellant
                   versus
            Dev Thakkar and Ors.                                …     Respondents
                                            WITH
                             INTERIM APPLICATION NO.13620 OF 2025
                                              IN
                                SECOND APPEAL NO.621 OF 2025

            Ulltra Lifespace Pvt. Ltd.                          ...   Appellant
                   versus
            Tanam Thakkar and Ors.                              …     Respondents

            Mr. Ashish Kamat, Sr. Advocate with Mr. Mohit Khanna, Ms. Darshana
            Manjrekar i/by One Point Legal Solutions, for Appellant.
            Mr. Bhavika Solanki i/by Mr. Makrand Raut, for Respondents.

                               CORAM:      N.J.JAMADAR, J.

                               DATE :      28 JANUARY 2026
            P.C.

            1.     Heard the learned Counsel for the parties.

            2.     In the order dated 17 December 2025, the name of the Appellant in the

            three Second Appeals be substituted as “Ulltra Lifespace Pvt. Ltd.”, instead of



            SSP                                                                   1/2
                                                                                    3 ia 13609 of 2025.doc

                      “Ultra Lifespace Pvt Ltd”.

                      3.       Original order dated 17 December 2025 be corrected and uploaded

                      accordingly.

                      4.       Learned Counsel for the Appellants submits that, in terms of clause (b)

                      of the order dated 17 December 2025, the Appellant – Promoter has cleared

                      the outstanding dues towards the maintenance and other charges raised by

                      the Society. However, there was a delay of five days.

                      5.       Learned Counsel for the Respondents seeks time to take instructions.

                      6.       As the Appellant claimed to have cleared the outstanding dues towards

                      the maintenance and other charges, albeit with a delay of five days, no action

                      be taken against the Appellant – Promoter on the premise that there is non-

                      compliance of clause (b) of the said order.

                      7.       Interim Applications stand disposed.




                                                                         ( N.J.JAMADAR, J. )




                      SSP                                                                 2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 30/01/2026 13:19:29


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