Bombay High Court

P M InfraversusSubhash Nagar Vijaya Laxmi CHS

Decided: 6 October 2026
Disposal: DISPOSED OFF

Holding

The court modified the earlier judgment, ordering the Court Receiver to break the lock and deliver possession of Room No.222 to the Society and to prepare an inventory of any articles.

Summary

The applicant, P.M. Infra, filed an interim application seeking modification of a judgment dated 28 July 2026 in arbitration petition No.420 of 2026. The court was asked to order the Court Receiver to break open the lock on Room No.222 and hand over possession to Respondent No.1, the Society. Additionally, the applicant sought that an inventory of any articles in the room be prepared and handed over to the Society and the developer. Justice Amit Borkar modified the earlier judgment, directing the Court Receiver to comply with the possession order and to prepare the inventory. All other directions of the original judgment were left unchanged. The interim application was disposed of in the terms of the modification.

Issues considered

Whether the earlier judgment can be modified to direct the Court Receiver to hand over possession of Room No.222 to the Society
Whether an inventory of articles in the room must be prepared and handed over to the Society and developer

Subjects

Arbitration
Interim relief
Modification of judgment
Possession
Court Receiver
Inventory

Judgment

                                                                  902-ia6027-2026 in arbp420-2026.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION

                                    INTERIM APPLICATION NO.6027 OF 2026
                                                    IN
                                    ARBITRATION PETITION NO.420 OF 2026

                      P.M. Infra                                    … Applicant
                                V/s.
                      Subhash Nagar Vijaya Laxmi CHS
                      & Others                                      … Respondents

ATUL
GANESH
KULKARNI
                      Mr. Anoshak Daver with Mr. Dilip Bhandari for the
Digitally signed by
ATUL GANESH
KULKARNI
                      Applicant/Original Petitioner.
Date: 2026.10.06
17:12:52 +0530
                      Ms. Shruti Relekar for Respondent Nos.2 to 8.
                      Ms. Tejasvi Nakashe i/by Sujit Lahoti & Associates for
                      Respondent No.10.
                      Mr. Swayam S. Chopda, OSD, Court Receiver, High
                      Court, Mumbai with Mrs. Priti U. Pawshe, Section
                      Officer, are present.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : OCTOBER 6, 2026
                      P.C.:

                      1.      By this interim application, the applicant/petitioner seeks
                      modification of the judgment dated 28 July 2026.

                      2.      The judgment dated 28 July 2026 is modified to the extent
                      that the Court Receiver shall break open the lock and hand over
                      possession of Room No.222 to the Respondent No.1-Society.

                      3.      The inventory of articles, if any, shall be prepared and shall
                      be handed over to the Society and Developer.



                                                         1
                                            902-ia6027-2026 in arbp420-2026.doc


4.   Rest of the directions shall remain as it is.

5.   The interim application stands disposed off in above terms.


                                              (AMIT BORKAR, J.)




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