Bombay High Court
Navkar Builder And Developers And Ors vs Malini Krishnavallabh Singbal on 20 March, 2019
Author: K. K. Tated
Bench: K.K. Tated
(903) AOST 26427-18
Amk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (STAMP) NO. 26427 OF 2018
WITH
CIVIL APPLICATION (STAMP) NO. 26428 OF 2018
IN
APPEAL FROM ORDER (STAMP) NO. 26427 OF 2018
WITH
APPEAL FROM ORDER (STAMP) NO. 26430 OF 2018
WITH
CIVIL APPLICATION (STAMP) NO. 26431 OF 2018
IN
APPEAL FROM ORDER (STAMP) NO. 26430 OF 2018
WITH
APPEAL FROM ORDER (STAMP)NO. 26432 OF 2018
WITH
CIVIL APPLICATION (STAMP) NO. 26433 OF 2018
IN
APPEAL FROM ORDER (STAMP) NO. 26432 OF 2018
WITH
APPEAL FROM ORDER (STAMP) NO. 26438 OF 2018
WITH
CIVIL APPLICATION (STAMP) NO. 26440 OF 2018
IN
APPEAL FROM ORDER (STAMP) NO. 26438 OF 2018
WITH
APPEAL FROM ORDER (STAMP) NO. 26443 OF 2018
WITH
CIVIL APPLICATION (STAMP) NO. 26444 OF 2018
IN
APPEAL FROM ORDER (STAMP) NO. 26443 OF 2018
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
Appearances, court's
orders or directions and
Registrar's orders
Mr. Manoj P. Mhatre for the Appellant.
Mr. Vishal Dhaka a/w. Mr. Shaunak Mishra i/b Solicis Lep for the
Respondent.
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(903) AOST 26427-18
CORAM : K. K. TATED, J.
DATE : 20th MARCH, 2019.
P. C. :
1. Heard learned Counsel for the parties.
2. By these Appeals from Order, the Appellants are challenging the order dated 21.08.2018 passed by the Bombay City Civil Court, Dindoshi, Mumbai directing them to make payment of compensation as per agreement for providing alternate accommodation dated 21.10.2014 and particularly Clause 5(a) which reads thus:
"5(a) The Developer agrees to pay the non-refundable monthly compensation of Rs.55/- (Rupees Fifty Five only) per square feet of carpet area of the Existing Premises as and by way of compensation for displacement of the Tenant/s for the first 12 months and thereafter 10% increase thereon for each successive year to the Tenant/s till the new premises are handed over to the Tenant/s with Occupation Certificate from M.C.G.M. and in consonance with the terms and conditions of these presents and as provided herein. The developers shall pay the said compensation for the displacement to the Tenant/s by one cheque for 12 months advance rent. The said monthly compensation for the first time shall begin from the day the Tenant/s has handed over the vacant and peaceful physical possession of the exciting Premise to the Developers for demolition."
3. When Court decline to entertain the Appeals from 2/3 ::: Uploaded on - 22/03/2019 ::: Downloaded on - 22/03/2019 22:44:28 ::: (903) AOST 26427-18 Order, Mr. Mhatre, learned Counsel for the Appellant seeks some time to take instructions from his client, within how much time, they will pay the said amount.
4. Registry is directed to place the matter on board on 22.03.2019.
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