IN THE CITY CIVIL COURT AT BOMBAY

DINDOSHI BRANCH, BORIVALI

SUIT NO. OF 2023

Ganesh Smruti Co-operative )

Housing Society Limited, a )

Society registered under the )

provision of Maharashtra Co- )

operative Housing Societies Act, )

1960 having its registered office )

at Plot No. 226, Road No. 14, )

Jawahar Nagar, Goregaon (West), )

Mumbai- 400062. ) …Plaintiff

Versus

1. Kartik Yeshwant Gogate, Age: )

Unknown years, Occupation: )

Unknown, Adult Indian )

Inhabitant, residing at Flat No. )

15, 1st Floor, Rungta Bhavan, SP )

Marg, Mumbai – 400 002. )

2. Barsavaraj Chikke Gowda, Age: )

Unknown years, Occupation: )

Unknown, Adult Indian )

Inhabitant, residing at Flat No. 1, )

Plot No. 267, Amar Society, 12th )

Road, Jawahar Nagar, Goregaon - )

400104. )

3. Jawahar Nagar Co-operative )

Housing Society Limited, a )

Society registered under the )

provision of Maharashtra Co- )

operative Housing Societies Act, )

1960 having its registered office )

at Sardar Vallabhbhai Patel Hall, )

Jawahar Nagar, Goregaon (West), )

Mumbai – 400104. ) …Defendants

 THE PLAINTIFF ABOVENAMED STATE AS UNDER:

1. The Plaintiff is a Society, comprising of 14 members,

registered under the Maharashtra Co-operative Societies

Act, 1960 bearing Registration No. MUM/W-P/HSG

(TC)/14342/2008-2009 having its registered office at the

address mentioned in the cause title above.

2. The Defendant Nos. 1 and 2 are residing at the

address mentioned in the cause title. The Defendant No. 3

is a Parent Society of Plaintiff, registered under the

Maharashtra Co-operative Societies Act, 1960 bearing

Registration No. B-323 of 1947 dated 5th September, 1947

having its registered office at the address mentioned in the

cause title above.

3. The present Suit is filed inter alia for directing the

Defendants, its successor, assign or any person claiming

through them from amalgamating, sub-diving, dealing

with, disposing of, alienating, encumbering, creating third

party rights and/or inducting any third party in respect of

the land bearing Plot No. 226 admeasuring approximately

425.20 square meters and bearing CTS no. 564, 564/1 to

564/4 of Village Pahadi, Goregaon (West), Taluka

Goregaon in the registration district and sub-district of

Mumbai Suburban situated at Road No. 14, Jawahar Nagar,

Goregaon (West), Mumbai 400 062 (hereinafter referred to

as the said “Land”) together with the building standing

thereon known as ‘Ganesh Smruti’ comprising of ground +

2 upper floors and consisting of 12 residential flats and 2

garages (hereinafter referred to as the said “Building”).

Hereto annexed and marked as Exhibit-“A” is a

description of the said Land and said Building (hereinafter

collectively referred to as “the said Property”).

4. The Defendant No. 3 is the owner of the said Plot and

leased the same to Mrs. Laxmi Ganesh Gogate and Mr

Yeshwant Ganesh Gogate i.e. Defendant No. 1’s

predecessor. Pursuant thereto, Mrs. Laxmi Ganesh Gogate

and Mr Yeshwant Ganesh Gogate were admitted as

members of Opponent No. 1 holding Shares of Rs 10/- each

bearing Nos. 2411 to 2420.

5. The members of the Plaintiff were originally tenants

of Defendant No. 1’s predecessor and occupying the

respective units in the said Building. On 27th October, 1991,

Mrs. Laxmi Ganesh Gogate expired and Mr. Yeshwant

Ganesh Gogate acquired all right, title and interest of Mrs.

Laxmi Ganesh Gogate in the said Property by virtue of

heirship. Consequent thereto, the said Mr. Yeshwant

Ganesh Gogate, collected rent from all members of the

Plaintiff for occupying the units in the said Building and

issued rent receipt for the same.

6. That somewhere in year 1998, the said Mr.

Yeshawant Ganesh Gogate, expressed his desire to transfer

his residual leasehold right in the said Property in favour of

the Plaintiff. Accordingly, by Agreement for Sale dated 21 st

November, 1998 Mr. Yeshwant Ganesh Gogate transferred

all its residual leasehold rights in the said Property in

favour of Mr. Ramesh Gopal Dharashivkar as Chief

Promoter and Mrs. Nalinibahi Buta as Secretary for the

Plaintiff as per terms and conditions stated therein

(hereinafter referred as “the said Agreement”). It is

pertinent to note that the Defendant No. 1 has witnessed

the said Agreement by putting his signature.

7. Subsequent thereto, the Plaintiff lodged the said

Agreement with the Collectors of Stamps for adjudicating

the Stamp Duty payable thereon. In November, 2007, the

Collectors of Stamps adjudicated the said Agreement and

called upon the Plaintiff to pay the requisite stamp duty.

Accordingly, on 23rd November, 2007 the Plaintiff paid the

requisite stamp duty and the Collector of Stamps issued

Certificate under Section 41 of the Bombay Stamps Act,

1958. Subsequently, the said Agreement was registered

alongwith the Deed of Declaration dated 10 th July, 2008

confirming the execution of the said Agreement and its

terms and condition stipulated therein. Hereto annexed

and marked as Exhibit-“B” is a copy of the said

Agreement.

8. The Plaintiff state that said Yeshwant Ganesh Gogate,

under the said Agreement confirm that nobody else has any

right, title and interest of leasehold rights in the said

Property. The lump sum consideration under the said

Agreement came to be paid by all the members of the

Plainitff to Mr. Yeshwant Ganesh Gogate and further, upon

execution of the said Agreement the members of the

Plaintiff became owners of their respective premises.

9. In the meantime, the said Yeshwant Ganesh Gogate

died intestate on 1st September, 2004 and Defendant No. 1,

obtained the Letters of Administration dated 2 nd June,

2008 from the Hon’ble High Court at Bombay in respect of

the said Property. However, consequent to the execution of

the said Agreement, the Plaintiff have been maintaining the

said Property and neither Yeshwant Ganesh Gogate nor the

Plaintiff ever visited the said Property. The Plaintiff crave

leave to refer to and rely upon the receipt, bills and such

other documents proving maintenance of the said Property,

when produced.

10. Despite repeated request of the Plaintiff and its

members, Defendant No. 1 and its predecessor failed to

execute the Deed of Assignment in their favour whereby all

their residual leasehold right in respect of the said Property

stands transfer in favour of the Plaintiff. Consequent

thereto, the Plaintiff filed an Application being no. 369 of

2021 before the Competent Authority appointed under

section 5A of the Maharashtra Ownership Flats (Regulation

of the Promotion of Construction, Sale, Management &

Transfer) Act, 1963 viz. the District Deputy Registrar of Co-

operative Societies, Mumbai City -4, under the provisions

of sub-section (3) of section 11 of MOFA for issuing a

certificate of entitlement to the Plaintiff to have an

unilateral deemed assignment executed in our favour

(hereinafter referred to as “the said Application”). The

Plaintiff crave leave to refer to and rely upon the papers

and proceedings pertaining to the said Application, when

produced. On 6th February, 2023 the Competent Authority

being satisfied with facts and merits of the Plaintiff, issued

an Order cum Certificate, certifying that they are entitle to

Unilateral assignment of the Property. Hereto annexed and

marked as Exhibit-“C” is a copy of the order dated 6 th

February, 2023.

11. The Plaintiff are adopting requisite steps in

furtherance of the said order dated 6th February, 2023.

However, on basis of the order dated 6 th February, 2023,

the Plaintiff appointed one M/s. Nayssa Meghna

Developers LLP and executed the Redevelopment

Agreement. The Plaintiff crave leave to refer to and rely

upon the Redevelopment Agreement, when produced.

12. The Plaintiff recently learnt that the Defendant No. 1

is negotiating with the Defendant No. 2 for assigning his

leasehold rights in respect of the said Property. The

Plaintiff states that said Order is valid, subsisting and

binding and thus, no leasehold rights remains with the

Defendant No. 1. The Defendant Nos. 1 and 2 are

attempting to pay mischief and usurp the said Property by

assigning the leasehold right. Therefore, the Plaintiff vide

its letter dated 16th October, 2023 informed the Defendant

No. 2 about rights of the Plaintiff and called upon them to

not negotiate, deal and/or enter into agreement with the

Defendant No. 1 for any nature whatsoever in respect of the

said Property, otherwise the same shall be bad in law,

invalid and not binding upon the Plaintiff. Hereto annexed

and marked as Exhibit-“D” is a copy of the letter dated

16th October, 2023.

13. The Plaintiff learnt that on later day of 16 th October,

2023, the Defendant No. 3 received letter dated 15th

October, 2023 from the Defendant No. 1 informing about

transfer of the said Property to the Defendant No. 2 and

sought the Defendant No.3’s NOC for the same. The

Plaintiff crave leaves to refer to and rely upon the

purported letter dated 15th October, 2023, when produced.

Therefore, the Plaintiff by its letter dated 17 th October, 2023

also informed the Defendant No. 3 about its right in the

said Property by virtue of order dated 6 th February, 2023

and not to grant any NOC to the Defendant Nos. 1 and 2 in

respect of the said Property. Hereto annexed and marked as

Exhibit-“E” is a copy of the said letter dated 17 th October,

2023. In the meantime, the Plaintiff by their distinct letters

dated 16th October, 2023 and 17th October, 2023 informed

all the concerned Public Authorities about rights of the

Plaintiff and not to entertain any document from the

Defendant Nos. 1 and 2 in respect of the said Property.

Hereto annexed and marked as Exhibit-“F” is one copy of

the such letter.

14. The Plaintiff states that Defendant No. 1 does not

have any right in the said Property nor he can assign the

same to any third party pursuant to the order dated 6th

February, 2023. Therefore, the Defendant Nos. 1 and 2,

their representative, servants, agents and all other persons

claiming through them directly and/or indirectly from

developing, dealing with, disposing of, alienating,

encumbering, creating third party rights and/or inducting

any third party into the said Property and any arrangement

entered between the Defendant Nos. 1 and 2 in respect of

the said Property is invalid as well as bad in law and not

binding or enforceable upon the Plaintiff.

15. The Plaintiffs apprehend that the Defendant Nos. 1 to

3 may mislead or not disclose true and proper facts on

records to the Defendant No. 3 for transfer the Shares in

respect of the said Property in favour of the Defendant No.

2 defying the right, title and interest of the Plaintiff No. 1 in

the said Property. Therefore, it is necessary and in the

interest of justice that the Defendant No. 3, its officers

servants and agents be retrained by an order and injunction

of this Hon’ble Court from accepting and/or sanctioning

and/or approving any application made by the Defendant

Nos. 1 and 2 or their representative, officers, servants and

agents in respect of the said Property.

16. The Plaintiffs are unable to give notice under Section

164 of the Maharashtra Co-Operative society Act, 1961 as

the action to be taken is imminent and giving of notice

would result in the entire suit becoming infructuous.

17. The Plaintiffs apprehend that the Defendant Nos. 1

and 2 may use physical force to disturb or interfere with the

Plaintiff’s use and occupation of the said Property.

Therefore, it is in the interest of the justice that this

Hon’ble Court be pleased to order and decree in favour of

the Plaintiff by restraining the Defendant Nos. 1 and 2,

their representative, servants, agents and all other persons

claiming through them directly and/or indirectly, jointly or

severally from interfering with the use, occupation and

possession of the Plaintiff. The Plaintiff crave leave to refer

to and rely upon the photograph of the said Property, when

produced.
18. The Plaintiff submits that they have strong prima

facie case and believes that he shall succeed in the present

Suit. Therefore, unless the above-mentioned interim

and/or ad-interim reliefs are granted to them, grave and

irreparable harm, loss and damage will be caused to the

Plaintiff which cannot be compensated in terms of money.

The balance of convenience is entirely in favour of the

Plaintiff and against the Defendant Nos. 1 and 2.

19. The said Property is situated at Goregaon (West),

Mumbai. The Defendants are having their offices at

Mumbai. The entire cause of action had arisen at Mumbai.

Therefore, this Hon’ble Court has jurisdiction to try and

entertain the present suit.

20. The Plaintiffs state that the cause of action first arose

in 16th October 2023. Thus, the present Suit is not barred by

Law of Limitation.
21. For the purpose of Court Fees and jurisdiction, the

Plaintiffs value prayers (a) to (d) are incapable of monetary

valuation and a fixed Court fee of Rs. 200/- is being paid in

respect of each of the said prayers. In the event of the relief

in prayers (a) to (d) being valued in excess of Rs. 1,000/-

the Plaintiffs undertake to pay additional court fees.

22. One Ms. Sejal Patel, Secretary of the Plaintiff who is

personally aware of the facts of the case and is able to

depose to the same has signed, verified and declared the

Plaint.

23. The Plaintiffs will rely on documents, a list where of is

annexed hereto.

24. The Plaintiffs therefore pray:

(a) That this Hon’ble Court be pleased to order and

decree in favour of the Plaintiff that the written

and/or oral arrangement of any nature whatsoever

entered between the Defendant Nos. 1 and 2, their

representative, servants, agents and all other persons

claiming through them directly and/or indirectly,

jointly or severally in respect of the land bearing Plot

No. 226 admeasuring approximately 425.20 square

meters and bearing CTS no. 564, 564/1 to 564/4 of

Village Pahadi, Goregaon (West), Taluka Goregaon in

the registration district and sub-district of Mumbai

Suburban situated at Road No. 14, Jawahar Nagar,

Goregaon (West), Mumbai 400 062 together with

the building standing thereon known as ‘Ganesh

Smruti’ comprising of ground + 2 upper floors and

consisting of 12 residential flats and 2 garages, more

particularly described at Exhibit-“A” hereto, or any

part thereof is invalid as well as bad in law and not

binding upon the Plaintiffs.

(b) That this Hon’ble Court be pleased to restrain

the Defendant Nos. 1 and 2, its agent, servants and/or

such other person claiming through them from

amalgamating, sub-dividing, dealing with, disposing

of, alienating, encumbering, creating third party

rights and/or inducting any third party in respect of

the land bearing Plot No. 226 admeasuring

approximately 425.20 square meters and bearing CTS

no. 564, 564/1 to 564/4 of Village Pahadi, Goregaon

(West), Taluka Goregaon in the registration district

and sub-district of Mumbai Suburban situated at

Road No. 14, Jawahar Nagar, Goregaon (West),

Mumbai 400 062 together with the building standing

thereon known as ‘Ganesh Smruti’ comprising of

ground + 2 upper floors and consisting of 12

residential flats and 2 garages, more particularly

described at Exhibit-“A” hereto.

(c) That this Hon’ble Court be pleased to order and

decree in favour of the Plaintiff by restraining the

Defendant Nos. 1 and 2, their representative,

servants, agents and all other persons claiming

through them directly and/or indirectly, jointly or

severally from interfering with the use, occupation

and possession of the Plaintiff on land bearing Plot

No. 226 admeasuring approximately 425.20 square

meters and bearing CTS no. 564, 564/1 to 564/4 of

Village Pahadi, Goregaon (West), Taluka Goregaon in

the registration district and sub-district of Mumbai

Suburban situated at Road No. 14, Jawahar Nagar,

Goregaon (West), Mumbai 400 062 together with

the building standing thereon known as ‘Ganesh

Smruti’ comprising of ground + 2 upper floors and

consisting of 12 residential flats and 2 garages, more

particularly described at Exhibit-“A” hereto.

(d) That this Hon’ble Court be pleased to order and

decree in favour of the Plaintiff by restraining the

Defendant Nos. 3, their office bearers, representative,

servants, agents and all other persons claiming

through them directly and/or indirectly from

accepting and/or sanctioning and/or approving any

application from Defendant Nos. 1 and 2 for assigning

the leasehold rights and/or transferring the shares in

respect of the land bearing Plot No. 226 admeasuring

approximately 425.20 square meters and bearing CTS

no. 564, 564/1 to 564/4 of Village Pahadi, Goregaon

(West), Taluka Goregaon in the registration district

and sub-district of Mumbai Suburban situated at

Road No. 14, Jawahar Nagar, Goregaon (West),

Mumbai 400 062 together with the building standing

thereon known as ‘Ganesh Smruti’ comprising of

ground + 2 upper floors and consisting of 12

residential flats and 2 garages, more particularly

described at Exhibit-“A” hereto.

(e) That pending the hearing and final disposal of

the present Suit, the Defendant Nos. 1 and 2, its

agent, servants and/or such other person claiming

through them be restrained from amalgamating, sub-

diving, dealing with, disposing of, alienating,

encumbering, creating third party rights and/or

inducting any third party in respect of the land

bearing Plot No. 226 admeasuring approximately

425.20 square meters and bearing CTS no. 564, 564/1

to 564/4 of Village Pahadi, Goregaon (West), Taluka

Goregaon in the registration district and sub-district

of Mumbai Suburban situated at Road No. 14,

Jawahar Nagar, Goregaon (West), Mumbai 400 062

together with the building standing thereon known as

‘Ganesh Smruti’ comprising of ground + 2 upper

floors and consisting of 12 residential flats and 2

garages, more particularly described at Exhibit-“A”

hereto.

(f) That pending the hearing and final disposal of

the present Suit, the Defendant Nos. 1 and 2, their

representative, servants, agents and all other persons

claiming through them directly and/or indirectly,

jointly or severally be restrained from interfering with

the use, occupation and possession of the Plaintiff on

land bearing Plot No. 226 admeasuring

approximately 425.20 square meters and bearing CTS

no. 564, 564/1 to 564/4 of Village Pahadi, Goregaon

(West), Taluka Goregaon in the registration district

and sub-district of Mumbai Suburban situated at

Road No. 14, Jawahar Nagar, Goregaon (West),

Mumbai 400 062 together with the building standing

thereon known as ‘Ganesh Smruti’ comprising of

ground + 2 upper floors and consisting of 12

residential flats and 2 garages, more particularly

described at Exhibit-“A” hereto.

(g) That pending the hearing and final disposal of

the present Suit, the Defendant Nos. 3, their office

bearers, representative, servants, agents and all other

persons claiming through them directly and/or

indirectly be restrained from granting No Objection

to the Defendant Nos. 1 and 2 for accepting and/or

sanctioning and/or approving any application from

Defendant Nos. 1 and 2 for assigning the leasehold

rights and/or transferring the shares in respect of the

land bearing Plot No. 226 admeasuring

approximately 425.20 square meters and bearing CTS

no. 564, 564/1 to 564/4 of Village Pahadi, Goregaon

(West), Taluka Goregaon in the registration district

and sub-district of Mumbai Suburban situated at

Road No. 14, Jawahar Nagar, Goregaon (West),

Mumbai 400 062 together with the building standing

thereon known as ‘Ganesh Smruti’ comprising of

ground + 2 upper floors and consisting of 12

residential flats and 2 garages, more particularly

described at Exhibit-“A” hereto.

(h) Ad-interim and interim reliefs in terms of

prayers (e) to (g) above be granted;

(i) Cost of this suit be provided for, and

(j) Such other and further reliefs as the nature and

circumstances of the case may require be granted.

For Ganesh Smruti CHS Ltd.

 (Sejal Rakshesh Patel)
Secretary
Plaintiff
(Anuj Sushil Jaiswar)
Advocate for the Plaintiff

VERIFICATION

I, Sejal Rakshesh Patel, Age: ____ years, Occupation:

Journalist, Secretary of the Plaintiff above named, residing

at Flat No. 6, Ganesh Smruti CHS Ltd., Plot No. 226, Road

No. 14, Jawahar Nagar, Goregaon (West), Mumbai-400104

do hereby state and declare that what is stated in the

foregoing paragraphs from 1 and 22 is true to my own

knowledge and belief and that what is stated in the

remaining paragraphs 2 to 21, 23 and 24 is stated on

information and belief and I believe the same to be true.

Solemnly affirmed at Mumbai )

This the _____ day of October, 2023 )

 Before me,
(Anuj Sushil Jaiswar)
Advocate for Plaintiff
 IN THE CITY CIVIL COURT AT BOMBAY

DINDOSHI BRANCH, BORIVALI

SUIT NO. OF 2023

Ganesh Smruti CHS Ltd. …Plaintiffs

Versus

Kartik Yeshwant Gogate & Ors. …Defendants

MEMORANDUM OF REGISTERED ADDRESS OF

THE PLAINTIFF.

Ganesh Smruti CHS Ltd.

C/o. Mr. Anuj Sushil Jaiswar
Advocates for Plaintiff
201, Unique Tower, Gaiwadi Road,
Opp. Mahesh Nagar, S.V. Road,
Goregaon (West), Mumbai-400 104

Dated this day of October, 2023

(Anuj Sushil Jaiswar)

Advocates for Plaintiff
 IN THE CITY CIVIL COURT AT BOMBAY

DINDOSHI BRANCH, BORIVALI

SUIT NO. OF 2023

Ganesh Smruti CHS Ltd. …Plaintiff

Versus

Kartik Yeshwant Gogate & Ors. …Defendants

LIST OF DOCUMENTS ON WHICH THE

PLAINTIFF WILL RELY UPON:

1. Agreements executed by the Plaintiff and predecessor

of the Defendant No. 1.

2. Correspondence exchanged between the Plaintiff and

the Defendants and/or its Advocates with the Defendants

and/or its Advocates.

3. Papers and proceeding relating to an Application

being no. 369 of 2021 before District Deputy Registrar of

Cooperative Societies, Mumbai City (4).

4. Letters dated 16th October, 2023 and 17th October,

2023 addressed by the Plaintiff to the concerned Public

Authority.

5. Photos of the subject Property.

6. The receipt, bills and such other documents proving

payment of maintenance of the said Property by the

Plaintiffs.

7. All other documents referred to and relied upon by

the Petitioner.

8. Any other documents with the permission of this

Hon’ble Court.

(Anuj Sushil Jaiswar)

Advocate for Plaintiff
 IN THE CITY CIVIL COURT AT BOMBAY

DINDOSHI BRANCH, BORIVALI

SUIT NO. OF 2023

Ganesh Smruti CHS Ltd. …Plaintiff

Versus

Kartik Yeshwant Gogate & Ors. …Defendants

I, Sejal Rakshesh Patel, Age: ____ years, Occupation:

Journalist, Secretary of the Plaintiff No. 1, Indian

Inhabitant of Mumbai, residing at Flat No. 6, Road No. 14,

Jawahar Nagar, Goregaon (West), Mumbai-400104, hereby

solemnly affirm and state as under:

1. I have signed and verified the above Plaint. I am

aware of the facts of the case and able to depose the same.

2. The present Suit is filed inter alia for directing the

Defendants, its successor, assign or any person claiming

through them from from amalgamating, sub-diving,

dealing with, disposing of, alienating, encumbering,

creating third party rights and/or inducting any third party

in respect of the land bearing Plot No. 226 admeasuring

approximately 425.20 square meters and bearing CTS no.

564, 564/1 to 564/4 of Village Pahadi, Goregaon (West),

Taluka Goregaon in the registration district and sub-district

of Mumbai Suburban situated at Road No. 14, Jawahar

Nagar, Goregaon (West), Mumbai 400 062 (hereinafter

referred to as the said “Land”) together with the building

standing thereon known as ‘Ganesh Smruti’ comprising of

ground + 2 upper floors and consisting of 12 residential

flats and 2 garages (hereinafter referred to as the said

“Building”). Hereto annexed and marked as Exhibit-“A” is

a description of the said Land and said Building

(hereinafter collectively referred to as “the said Property”).

3. I repeat, reiterate and confirm whatever is stated in

the Plaint as if the same is incorporated herein and forming

part of this Affidavit.

For Ganesh Smruti CHS Ltd.

(Sejal Patel)
Secretary
Plaintiff
(Anuj Sushil Jaiswar)
Advocate for the Plaintiff

VERIFICATION

I, Sejal Rakshesh Patel, Age: ____ years, Occupation:

Journalist, Secretary of the Plaintiff above named, residing

at Flat No. 6, Ganesh Smruti CHS Ltd., Plot No. 226, Road

No. 14, Jawahar Nagar, Goregaon (West), Mumbai-400104

do hereby state and declare that what is stated in the

foregoing paragraphs from 1 and 22 is true to my own

knowledge and belief and that what is stated in the

remaining paragraphs 2 to 21, 23 and 24 is stated on

information and belief and I believe the same to be true.

Solemnly affirmed at Mumbai )

This the _____ day of October, 2023 )

Before me,
(Anuj Sushil Jaiswar)
Advocate for Plaintiff
 IN THE CITY CIVIL COURT AT
BOMBAY
DINDOSHI BRANCH, BORIVALI
SUIT NO. OF 2023

Ganesh Smruti CHS Ltd.

…Plaintiff
Versus

Kartik Yeshwant Gogate & Ors.

…Defendants

AFFIDAVIT IN SUPPORT OF
PLAINT
**********************************
Dated This Day of October, 2023

Mr. Anuj Sushil Jaiswar

Advocates for Plaintiff
201, Unique Tower, Gaiwadi Road,
Opp. Mahesh Nagar, S.V. Road,
Goregaon (West),) Mumbai-400104
Email: attorney@gmlegal.co.in
Mob. No.: +91-9867813861
 IN THE CITY CIVIL COURT AT
BOMBAY
DINDOSHI BRANCH, BORIVALI
SUIT NO. OF 2023

Ganesh Smruti CHS Ltd.

…Plaintiff
Versus

Kartik Yeshwant Gogate & Ors.

…Defendants

PLAINT
**********************************
Dated This Day of October, 2023

Mr. Anuj Sushil Jaiswar

Advocates for Plaintiff
201, Unique Tower, Gaiwadi Road,
Opp. Mahesh Nagar, S.V. Road,
Goregaon (West),) Mumbai-400104
Email: attorney@gmlegal.co.in
Mob. No.: +91-9867813861
 IN THE CITY CIVIL COURT AT
BOMBAY
DINDOSHI BRANCH, BORIVALI
SUIT NO. OF 2023

Ganesh Smruti CHS Ltd.

…Plaintiffs
Versus

Kartik Yeshwant Gogate & Ors.

…Defendants

PLAINT
**********************************
Dated This Day of October, 2023

Mr. Anuj Sushil Jaiswar

Advocates for Plaintiff
201, Unique Tower, Gaiwadi Road,
Opp. Mahesh Nagar, S.V. Road,
Goregaon (West),) Mumbai-400104
Email: attorney@gmlegal.co.in
Mob. No.: +91-9867813861
 IN THE CITY CIVIL COURT AT BOMBAY

DINDOSHI BRANCH, BORIVALI

SUIT NO. OF 2023

Ganesh Smruti CHS Ltd. …Plaintiffs

Versus

Kartik Yeshwant Gogate & Ors. …Defendants

INDEX

Sr. Description Date Page

No. No.

1. Proforma I-III

2. Plaint .10.2023

3. Vakalatnama .10.2023

4. Memorandum of Registered .10.2023

Address.

5. List of Documents .10.2023

6. Exhibit-“A”

Description of Property

7. Exhibit-“B”
10.07.2008
A copy of the said Agreement
7. Exhibit-‘C”

A copy of the order dated 6 th

February, 2023 passed by the
Competent Authority 06.02.2023

8. Exhibit-“D”

A copy of letter addressed by

the Plaintiff to the Defendant
No. 2. 16.10.2023

9. Exhibit-“E”

A copy of letter addressed by

the Plaintiff to the Defendant
No. 3. 17.10.2023

10. Exhibit-“F”

A copy of letter addressed by

the Plaintiff to the Public
Authority. 17.10.2023

11. Affidavit in support of the .05.2023

Petition
 IN THE CITY CIVIL COURT AT BOMBAY

DINDOSHI BRANCH, BORIVALI

SUIT NO. OF 2023

Ganesh Smruti CHS Ltd. …Plaintiffs

Versus

Kartik Yeshwant Gogate & Ors. …Defendants

(Anuj Sushil Jaiswar)

Advocate for Plaintiff
Office Notes, Office Memorandum of
Coram appearance, Court’s order or Court’s or Judge’s orders.
direction and Prothonotary’s orders.
 B
Office Notes, Office Memorandum of
Coram appearance, Court’s order or Court’s or Judge’s orders.
direction and Prothonotary’s orders.
 C
Office Notes, Office Memorandum
of Coram appearance, Court’s order Court’s or Judge’s orders.
or direction and Prothonotary’s
orders.
 IN THE CITY CIVIL COURT AT BOMBAY

DINDOSHI BRANCH, BORIVALI

SUIT NO. OF 2023

Ganesh Smruti Co-operative )

Housing Society Limited, a )

Society registered under the )

provision of Maharashtra Co- )

operative Housing Societies Act, )

1960 having its registered office )

at Plot No. 226, Road No. 14, )

Jawahar Nagar, Goregaon (West), )

Mumbai- 400062. ) …Plaintiff

Versus

1. Kartik Yeshwant Gogate, Age: )

Unknown years, Occupation: )

Unknown, Adult Indian )

Inhabitant, residing at Flat No. )

15, 1st Floor, Rungta Bhavan, SP )

Marg, Mumbai – 400 002. )

2. Barsavaraj Chikke Gowda, Age:

Unknown years, Occupation: )

Unknown, Adult Indian )

Inhabitant, residing at Flat No. 1, )

Plot No. 267, Amar Society, 12th )

Road, Jawahar Nagar, Goregaon - )

400104. )

3. Jawahar Nagar Co-operative )

Housing Society Limited, a )

Society registered under the )

provision of Maharashtra Co- )

operative Housing Societies Act, )

1960 having its registered office )

at Sardar Vallabhbhai Patel Hall, )

Jawahar Nagar, Goregaon (West), )

Mumbai – 400104. )

) …Defendants
To,
Registrar,
City Civil Court at Dindoshi,
Mumbai.

VAKALATNAMA

We, Ganesh Smruti Co-operative Housing Society Limited,

the Plaintiff above named, do hereby appoint and authorize

M/s. GM Legal, Advocates, to act, appear and plead on our

behalf in the above matter.

IN WITNESS WHEREOF we have set and subscribed our

hands to this writing at Bombay.

Dated this day of October, 2023.

For Ganesh Smruti CHS Limited

(Sejal Patel)
Secretary
Plaintiff
We Accept:

(Anuj Sushil Jaiswar)

Advocates for Plaintiff
201, Unique Tower, Gaiwadi Road,
Opp. Mahesh Nagar, S.V. Road,
Goregaon (West), Mumbai-400 104
Enroll. No.: MAH/12783/2022
Email: attorney@gmlegal.co.in
Mob. No.: +91-9867813861
 IN THE CITY CIVIL COURT AT
BOMBAY
DINDOSHI BRANCH, BORIVALI
SUIT NO. OF 2023

Ganesh Smruti CHS Ltd.

…Plaintiffs
Versus

Kartik Yeshwant Gogate & Ors.

…Defendants

VAKALATNAMA
**********************************
Dated This Day of October, 2023

Mr. Anuj Sushil Jaiswar

Advocates for Plaintiff
201, Unique Tower, Gaiwadi Road,
Opp. Mahesh Nagar, S.V. Road,
Goregaon (West),) Mumbai-400104
Email: attorney@gmlegal.co.in
Mob. No.: +91-9867813861