Redevelopment – Termination of appointment of Developer – Interim Injunction
On 4.1.2016, MHADA had executed the Lease Deed of the owner of land with building at Khernagar, Bandra, in favour of the Society and also sale-deed.
On 29.3.2021, the Society invited bids for redevelopment of the suit property.
On 31.10.2021, the Society informed the appointment of the Plaintiff as the Developer as per the terms and conditions in the offer letters dated 30th August read with 23rd October, 2021.
However, there was no concluded contract of Development Agreement between the parties.
On 24.5.2023, the Society terminated the appointment of the Developer on account of delay in sending revised terms of the redevelopment. A public notice was issued by the society inviting tenders for redevelopment.
On 25.9.2023, the plaintiff Developer filed the commercial suit.
On 1.2.2024, the learned Single Judge allowed the interim application.
HELD that the developer merely stood as the successful tenderer which was the conclusion of the tender process and nothing more. The next stage of the contractual process necessarily involved a development agreement between the society and the developer. Admittedly, the development agreement never fructified and was in the process of negotiation. Therefore, the plaintiff is not entitled to interim injunction against appointment of another developer.
Judgment dated 25.4.2025 of the High Court of Bombay in Commercial Appeal (L) No.9061 of 2024 of Kher Nagar Sai Prasad C.H.S. Vs. Pittie Antariksha GRL Pvt Ltd with connected matters.
