In a significant resolution to a real estate fraud allegation case, Kochra Developers Private Limited has agreed to pay homebuyers Himanshu Chandrakant Doshi and his wife Sweety Himanshu Doshi a total of Rs. 1,63,10,208 as full and final settlement, including 11% per annum interest on the principal amount. The settlement was recorded before the Bombay High Court during the pendency of a criminal writ petition, averting a potential FIR and police investigation into alleged cheating and misrepresentation.
The dispute originated in February 2022 when Himanshu Chandrakant Doshi (aged 46, employed in service) and Sweety Himanshu Doshi (aged 45, housewife), residents of Juhu, Mumbai, received an allotment letter dated February 26, 2022, for a specific flat from Kochra Developers Pvt. Ltd. However, documents revealed that the same property had already been covered under a registered Agreement of Sale with another entity, Krian Properties LLP, raising serious concerns of double allotment or fraudulent misrepresentation.
Believing they had been cheated, the petitioners issued a legal notice on May 2, 2025, through their advocate. When no satisfactory resolution came, they filed a criminal complaint on May 20, 2025, against Kochra Developers Pvt. Ltd. and its personnel, alleging offenses under relevant sections of the Indian Penal Code.
The police at D.N. Nagar Police Station did not register an FIR, prompting the couple to approach the Bombay High Court via Criminal Writ Petition No. 4825 of 2025 under Article 226 of the Constitution. Filed in 2025 (with the memo dated around September 4, 2025), the petition sought a writ of mandamus directing the Senior Police Inspector Rajendra Machidar, Police Inspector Sachin Kondhre, Deputy Commissioner Dikshit Gedam (Zone-IX), and the Commissioner of Police to investigate fairly and register an FIR against the developer.
The respondents included the State of Maharashtra and senior police officials. Kochra Developers Pvt. Ltd. was not initially a party but later intervened through Interim Application (L) No. 23235 of 2025.
During the petition’s pendency, after discussions, the parties reached an amicable out-of-court settlement. On December 22, 2025, Kochra Developers paid 50% of the settlement amount (Rs. 81,55,104) via RTGS: Rs. 41,30,104 to Himanshu Doshi and Rs. 40,25,000 to Sweety Doshi.
On December 23, 2025, Mohamed Ali Kochra, Director of Kochra Developers Pvt. Ltd., filed an affidavit-cum-undertaking confirming the settlement. The total comprised the principal of Rs. 1,29,10,660 plus 11% p.a. interest, aggregating Rs. 1,63,10,208. The balance Rs. 81,55,104 was undertaken to be paid by January 19, 2026 (split equally between the petitioners).
The petitioners’ side was represented by their advocates Rakesh Kumar Singh a/w Viral Rathod, and Ankita Pandey.
Mohamed Ali Kochra of Kochra Developers Pvt Ltd said, “The transaction arose out of a proposed tripartite arrangement involving the property, where agreements and commercial terms were shared and negotiated between all concerned parties. As the tripartite structure ultimately did not conclude and the transaction did not proceed, it was not a case of any “double sale,” but a commercial arrangement that did not materialize. During discussions before the police authorities, Kochra Developers offered to refund the entire amount received from the purchasers. The purchasers sought interest at 24% on the refund; however, the matter was ultimately resolved before the Hon’ble Bombay High Court with payment of interest in accordance with the applicable RERA rate. Hence, the characterization of the matter as a “double sale” is not correct.”
This case highlights ongoing challenges in Mumbai’s real estate sector, where allotments can lead to disputes over transparency and delivery, often resolved through court-mediated settlements offering compensatory interest to affected buyers.
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