R. R.
Sharma
B.A. LL.B.
ADVOCATE HIGH COURT
Office Address: e-mail: advrrsharma@[Link] Residential Address:
Office Nos. 2 & 3, Ground Floor, 3, Rachana, Somnath Lane,
Guruvidya Building, Plot No. 98 A, 128, Hill Road, Bandra (W),
Junc. of Hill Road & Jain Temple Road, Bombay-400 050
Bandra (West), Bombay - 400 050 : 2642 3971
: 2640 9493 / 98201 36129 2633 2520
Ref. No. Date: August 12, 2025 _
The Hon. Secretary,
Wahedna Apartment Co-operative
Housing Society Ltd., Wahedna
Apartment, 75, Hill Road, Bandra
(West), Mumbai – 400 050
Sir,
Sub: Request not to issued N.O.C. for transfer of Share Certificate
and/or Electric Connection of Flat Nos. 401 and 402, on the 4 th
floor, Wahedna Apartment, Wahedna Apartment Co-
operative Housing Society Ltd., 75, Hill Road, Bandra (West),
Mumbai – 400 050 in favour of any one whosoever may be.
Ref.: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Short Cause Suit No. 4469 of 2024
(High Court Suit No. 126 of 2011)
Deepak Harkishan Mirchandani ... Plaintiff
V/s.
Mahender Harkishan
Mirchandani & Others ... Defendants
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I am concerned for my client Mr. Deepak Harkishandas
Mirchandani, the Plaintiff in the above suit, presently pending in the
Bombay City Civil Court at Bombay and on his behalf, I write to you as
under:–
R. R. Sharma : 2 : Cont. Sheet
ADVOCATE HIGH COURT
1. My client states that my client has filed the above suit for
Partition, Possession and other various reliefs before the Hon’ble High
Court and now it is pending before the Bombay City Civil Court at
Bombay, vide S.C. Suit No. 4469 of 2024. In this suit, following orders
were passed by the Hon’ble High Court:-
(a) Order dated 6th April, 2017, passed by His Lordship Mr.
Justice K.R. SHRIRAM, which reads as under:-
“The Defendant Nos. 1 and 3 alleged that
possession of Flat No. 401 is taken possession
by D.C.B. Bank under Warrant of Possession
dated 7th January, 2015. The Defendant No. 3
has entered into an Agreement for Sale dated
3rd February, 2017 for Flat No. 402 with Mr.
Javed Jhaveri for total consideration of
1,87,50,000/- (Rupees One Crore Eighty
Seven Lakhs and Fifty Thousand only). Mr.
Suresh Harkishandas Mirchandani, the
Defendant No. 3 received some part payment
of this amount. The counsel is unable to state
how
R. R. Sharma : 3 : Cont. Sheet
ADVOCATE HIGH COURT
much payment has been received by the
Defendant No. 3 and provide copy. It is to be
noted that the Defendant No. 3 has entered into
this Agreement when there is a suit pending,
knowing well that applications are pending for
Injunction. This has also been done when
admittedly the Plaintiff also has a share in the
property. Further, it is difficult to believe
someone would give possession of such a
valuable property only upon receiving part
payment. The entire arrangement entered into
by the Defendant No. 3 prima facie appears to
be fraudulent. Mr. Kothari states that Flat Nos.
401 and 402 are also inter-connected, because
the partition all was removed. Even though the
alleged Agreement of Sale, assuming there is a
genuine Agreement is only for Flat No. 402,
because it is inter-connecting with Flat No. 401,
the occupant will also be using the Flat No.
401, though it is sealed by D.C.B. Bank.
Because Defendant No. 3 is directed to take
R. R. Sharma : 4 : Cont. Sheet
ADVOCATE HIGH COURT
steps to erect
a wall dividing Flat Nos. 401 and 402 under the
supervision of an officer of this Court, within a
period of one week. The expenses for erecting
the wall has to be paid by the Defendant No. 3
and same will be subject to final outcome of the
suit.
Prothonotary & Senior Master is directed to
appoint an associate of this Court as a
Commissioner to visit the Flat Nos. 401 and
402 and prepare a Report. During this visit, the
Plaintiff, representative of the Plaintiff and
Defendant Nos. 2 and 4 are also permitted to
remain present.
The Statement made by Mr. Kothari as
recorded above and the Agreement of Sale
with full details and with copies have to be filed
in the form of an Affidavit by Defendant No. 3
and the said Javed Jhaveri within one week
R. R. Sharma : 5 : Cont. Sheet
ADVOCATE HIGH COURT
from today. Said Mr. Javed Jhaveri and
Defendant No. 3 are directed
not to create any further third party right with
respect to Flat Nos. 401 and / or Flat No. 402 in
any manner whatsoever, which would include
going ahead with the transaction with the said
Mr. Javed Jhaveri or part with possession. Mr.
Javed Jhaveri’s Affidavit shall also state how he
came into possession of the Flat No. 402.
Copy of this Order shall also be given to D.C.B.
Bank, Mr. Javed Jhaveri and the Society. The
Society is also directed to take steps to ensure
that the wall is erected, if there are no
sanctioned Municipal Plan for connecting the
two fats. Mr. Kothari states that the
Administrator has been appointed for the
Society. In such case, this Administrator be
served with a copy of this Order.”
R. R. Sharma : 6 : Cont. Sheet
ADVOCATE HIGH COURT
A copy of the said Order is hereto annexed and marked as
ANNEXURE – I.
(b) Thereafter, another Order dated 16th January, 2018 was
passed in the above matter by His Lordship Mr. Justice
S.C. GUPTE. A copy of the said Order dated 16 th January,
2018 is hereto annexed and marked as ANNEXURE – II.
2. In the aforesaid facts and circumstances, you and your
Committee Members are hereby requested not to grant any NOC either
for transfer of Electric Connection and/or Share Certificate of Flat Nos.
401 and 402, 4th floor, Wahedna Apartment, Wahedna Apartment Co-
operative Housing Society Ltd., 75, Hill Road, Bandra (West), Mumbai
– 400 050, as your Defendant No. 5 in the above suit and these Orders
restrain you from making any change in the record of the said flats.
Kindly make note of the same.
Thanking you,
Yours faithfully,
(R. R. SHARMA)
Advocate for Plaintiff
R. R. Sharma : 7 : Cont. Sheet
ADVOCATE HIGH COURT
Encl.: As above
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