Bombay High Court
Saidham Co-Operative Housing Society ... vs Divine Developers And 2 Ors on 19 October, 2018
Author: S.C. Gupte
Bench: S.C. Gupte
conp22-18.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO.22 OF 2018
IN
SUIT NO.906 OF 2013
Saidham Co-operative Housing Soc. Ltd. ...Petitioner
vs.
Divine Developers & Ors. ...Respondents
.....
Mr. Sajid Shamim, a/w. Mr. Murtuza Slatewala, i/b. Shamim & Co., for the
Petitioner.
Mr. Rajiv Singh, i/b. Ms. Lata Kharwa, for the Respondents.
....
CORAM : S.C. GUPTE, J.
DATED : OCTOBER 19, 2018 P.C. :
. This contempt petition alleges breach or disobedience of orders passed by this Court from time to time. There are three major concerns or shortcomings, which are really the bone of contention between the parties as far as compliance with the Court orders is concerned. The first issue is of non-payment of arrears of rent to the members of the Petitioner society by the first Respondent developer towards transit accommodation pending completion of the new building at the site of the Petitioner's property. Learned Counsel for the Respondents tenders a statement of computation of arrears of rent. The statement shows that the arrears of rent payable from 15 February 2017 to end of December 2018 aggregate to about Rs.1,68,30,000/-. Out of these arrears, an amount of Rs.67,32,000/- was paid on or before July 2018. A further sum of Rs.22,44,000/- was paid Pg 1 of 4 ::: Uploaded on - 23/10/2018 ::: Downloaded on - 25/10/2018 23:26:44 ::: conp22-18.doc during the pendency of the contempt petition on or about 8 October 2018.
That leaves an amount of Rs.78,54,000/- payable to the members of the Petitioner society as arrears and prospective rent upto 31 December 2018. Learned Counsel for the Respondents has annexed a calculation sheet to the computation of arrears of rent, which is signed by both partners of the first Respondent developer, namely, Mr. Sudhir Dharia and Mr. Biharilal Varma. Both Mr. Dharia and Mr. Varma have made individual commitments, apart from the commitment of the first Respondent developer, to pay this amount over the next two months in the manner indicated in the calculation sheet. The sheet indicates that Mr. Dharia will pay a sum of Rs.22,44,000/- on or before 31 October 2018, whilst the sums, respectively, of Rs.14,02,500/- each, shall be paid by Mr. Dharia and Mr. Varma, respectively, on or about 20 November 2018 and 30 November 2018 and the last two installments of Rs.14,02,500/- each shall be paid by Mr. Dharia and Mr. Varma on or before 30 December 2018. The entire arrears and future rent upto 31 December 2018 are, thus, proposed to be cleared by 30 December 2018. Both Mr. Dharia and Mr. Varma are present in Court in person and affirm their commitment to pay the amounts as indicated in the calculation sheet. They undertake to the Court to do so on or about the stipulated dates indicated in the calculation sheet. The statement and undertaking are accepted. The computation of arrears, along with the calculation sheet, is taken on record, marked "X-2" for identification.
2. The second controversy pertains to non-regularization of the unauthorised construction carried out in the new building erected at site. Learned Counsel for the Respondents submits, after taking instructions from the partners of the first Respondent developer, that amended plans for regularisation of the structure shall be filed before the end of the next Pg 2 of 4 ::: Uploaded on - 23/10/2018 ::: Downloaded on - 25/10/2018 23:26:44 ::: conp22-18.doc month, i.e. November 2018, and regularization charges, as may be claimed by the Municipal Corporation, shall be duly paid. Learned Counsel submits that the regularization is proposed to be accomplished by the year end. The statements and undertakings in that behalf are accepted and re-confirmed.
3. The third aspect involves registration of about eight agreements as between the developers and the members of the Petitioner society. Six of these agreements pertain to Flat Nos. 105, 204, 304, 404, 405 and 502, whilst two concern flats on floors above the 7th floor, i.e. the 9th and the 13th floors, namely, Flat Nos. 904 and 1305. Learned Counsel for the Respondents states that the first six agreements pertaining to floors below the 7th floor shall be registered within a period of four weeks from today. It is agreed between the parties that any stamp duty and registration charges attributable over and above the area allotable to the particular members in pursuance of the development project, i.e. the area which is purchased by these members from the developers over and above the area coming to their share under the development project, shall be borne by the individual members and the balance by the first Respondent developer. The charges payable by the individual members in this behalf will be communicated to them within a period of two weeks from today supported by calculations and the members shall, in turn, pay the amounts to the developer within one week. The parties shall co-operate with each other in this behalf. So far as the agreements with two members concerning Flat Nos. 904 and 1305 are concerned, the registration cannot be effected as of now, since the amended plans for floors above Floor No. 7 are pending consideration before the Municipal Corporation of Greater Mumbai. It is submitted that within four weeks of sanction of the amended plans for floors above Floor No.7, these two documents shall also be registered by the Respondents and the Pg 3 of 4 ::: Uploaded on - 23/10/2018 ::: Downloaded on - 25/10/2018 23:26:44 ::: conp22-18.doc commitment to bear stamp duty and registration charges as between the members/purchasers and the developers shall be on the same lines, as indicated above, in case of the six flats to be dealt with as indicated above. Learned Counsel for the Respondents also submits that his clients shall fully comply with all their undertakings given earlier to the Court in respect of regularization and sanction of amended plans for the higher floors with a view to procure a full occupation certificate from the Municipal Corporation of Greater Mumbai.
4. Considering the fact that the commitments made by the Respondents/Contemnors are executory and their compliance has to be noted by this Court, the contempt petition shall appear on board for further orders on 4 January 2019. Liberty, however, to the Petitioner to apply in case of any non-compliance as to the prior commitments of the Respondents/Contemnors, as noted above.
( S.C. GUPTE, J. ) Pg 4 of 4 ::: Uploaded on - 23/10/2018 ::: Downloaded on - 25/10/2018 23:26:44 :::