Bombay High Court
Santosh Ganpat Bandarkar vs Landmark Heights Pvt Ltd on 6 June, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
JITENDRA by JITENDRA
SHANKAR
SHANKAR NIJASURE
NIJASURE Date: 2022.06.07
18:27:24 +0530
11-12-ia-1597-1600-2020.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1597 OF 2020
IN
SUIT NO.314 OF 2021
Santosh Ganpat Bandarkar ...Applicant/
Plaintiff
Versus
Landmark Heights Pvt. Ltd. ...Defendant
WITH
INTERIM APPLICATION NO.1600 OF 2020
IN
SUIT NO.315 OF 2021
Suhas Keshav Sawant ...Applicant/
Plaintiff
Versus
Landmark Heights Pvt. Ltd. ...Defendant
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Mr. Malcolm Siganporia with Mr. Sandeep Dhangar, Mr. Parag Gosar i/b.
Jayesh Vyas for the Applicants.
Dinesh Masurkar i/b. Nilesh Masurkar for Defendant.
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CORAM : R.I. CHAGLA J.
DATE : 6TH JUNE, 2022.
ORDER :
1. The learned Counsel appearing for the Defendant has sought 1/3 11-12-ia-1597-1600-2020.doc leave to file Affidavit in Reply to the Interim Application in the Registry.
2. The learned Counsel appearing for the Applicant / Plaintiff has stated that in the Affidavit in Reply, copy of which has been served upon the Applicant / Plaintiff, there is no flat in the building Gomti Heights which is equivalent to the area of the flat which the Applicant / Plaintiff is entitled.
3. In the order dated 11th March, 2020, this Court had recorded that there needs to be an ad-interim order pending the final disposal of the applications to this effect, that the Defendants will ensure that an area of flat equivalent to that mentioned in the two Agreements for Sale is kept unsold and without creation of any third party rights. In view of the statement now made by the Defendants in the said Affidavit in Reply, the area of flat equivalent to that mentioned in the two Agreements for Sale which is to be kept unsold and without creation of any third party rights may not be available. In view thereof, it would be appropriate for the Defendant to file additional Affidavit disclosing the area of the flat available in the new building under construction and which is to be made available for the Applicant / Plaintiff.
4. The learned Counsel for the Applicant / Plaintiff has 2/3 11-12-ia-1597-1600-2020.doc submitted that there requires to be a disclosure by the Defendants of the sanctioned plan in respect of the building Gomti Heights in the additional Affidavit to be filed by the Defendant.
5. Considering that the Defendant has sought leave to file Affidavit in Reply in the Registry. Leave is granted. The Defendant shall file Affidavit in Reply in the Registry by 8th June, 2022. In addition, the Defendant shall file further Affidavit in Reply disclosing the sanctioned plans of Gomti Heights, which is under construction on the subject property and make specific mention of the flat to be made available to the Applicant / Plaintiff. The further Affidavit in Reply shall be filed on or before 15th June, 2022.
6. The Applicant / Plaintiff is at liberty to file further Affidavit in Rejoinder on or before 17th June, 2022. The Applicant / Plaintiff is permitted to file the additional Affidavit in Rejoinder in the Registry by 8th June, 2022.
7. Place the Interim Application on board on 20th June, 2022.
[R.I. CHAGLA J.] 3/3