TARACHAND PREMJI DEDHIAversusM/S DHANLAXMI BUILDERS AND DEVEELOPERS THROU. ITS PROP AND ORS

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   INGALE

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2026.09.17
           21:28:58
                                           WRIT PETITION NO. 6578 OF 2026
           +0530




                              Shri Tarachand Premji Dedhia                 ...Petitioner
                                   Versus
                              M/s. Dhanlaxmi Builders & Developers and ors. ..Respondents
                                                               ...
                              Ms. Amruta Kundap, for the Petitioner.
                              Mrs. Neha S.Bhide, GP a/w Mrs. Shruti D. Vyas, Addl. GP and
                              Mrs. P.J. Gavhane, AGP, for the Respondents No. 3 & 4-State.
                                                               ...

                                            CORAM : MAHESH CHANDRA TRIPATHI, CJ.
                                                 & ADVAIT M. SETHNA, J.

                                               DATE : 16th SEPTEMBER, 2026


                              P.C.:
                              1.          Heard Ms. Amruta Kundap, the learned counsel for

                              the Petitioner and Ms.Bhide learned GP appearing for the

                              Respondent No.1-State.


                              2.         The instant writ petition is preferred, inter alia, for

                              the following reliefs :-

                                       a. That this Hon'ble court be pleased to issue a writ of
                                       mandamus or any other writ in the nature of mandamus to
                                       direct the Respondent no.2 to attach the property as per the
                                       order dated 19/10/2022 Residential and Commercial property
                                       along with the other properties.




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        b. Direct the Respondent No.1 to pay interest for delayed
        possession in accordance with the provisions of the Real Estate
        (Regulation and Development) Act, 2016 from the agreed date of
        possession i.e. June 2019 till actual possession;

        c. Pending the Hearing and final disposal of the Petition this
        Hon'ble Court be pleased to appoint Court receiver to take
        possession of the suit premises and or give such further and
        other necessary directions as this Hon'ble court may deem fit
        and proper in the interest of justice.

        d. Direct the Respondent No.1 to pay compensation to the
        Petitioner towards mental agony, harassment, and financial loss
        suffered by the Petitioner due to the acts and omissions of the
        Respondent No. 1;
        d. That pending the hearing and final disposal of the suit, this
        Hon'ble court may be pleased to pass the order and injunction
        that Respondent no.3 may be ordered to execute the recovery
        warrant issued against the Respondent no.1 and the due
        amount may be recovered from the Respondent no.1.


3.        At the outset, learned counsel for the Petitioner

submits that pursuant to the order passed by the RERA and

approved by the Appellate Authority, until date, there is no

other impediment not to execute such orders. Learned counsel

for the Petitioner has confined the relief to the extent that

Respondent No.2 be directed to attach the property in terms of

order dated 19/10/2022 passed by the RERA.

4.        Be that as it may. The instant writ petition stands

disposed of with an observation/direction that in case, there is

no other impediment, the Collector, Mumbai Suburban-

Respondent No.3 is directed to attach the subject property, in


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accordance with law, in terms of order dated 19/10/2022

passed by the RERA.

5.        With the aforesaid direction, the writ petition is

disposed of.




[ADVAIT M. SETHNA, J.]                    [CHIEF JUSTICE]




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