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Bombay High Court

Sanvo Resorts Private Limited vs Ranveer Sharma And Anr on 23 December, 2022

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2022.12.23
           17:56:38
           +0530




                                                              930-ia-30420-2022 in sa-13-2021.doc
         Pallavi


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO.30420 OF 2022
                                                          IN
                                             SECOND APPEAL NO.13 OF 2021

                        Sanvo Resorts Private Limited                      ... Applicant
                              In the matter between
                        Sanvo Resorts Private Limited                      ... Appellant
                                   Versus
                        Mr. Ranveer Sharma and Anr.                        ...Respondents


                        Mr. Malcom Singaporia a/w Mr. Prasanna Tare, Mr. Akshada Shetye, for
                        the Appellant/Applicant.

                        Mr. Saurabh Butala a/w Mr. Arya Sapre i/b. Mr. Harshad Bhadbhade, for
                        the Respondents.

                                                        CORAM : MADHAV J. JAMDAR, J.

DATED : 23rd DECEMBER 2022 P.C. :

1. Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondents.
2. MahaRERA Mumbai has issued recovery warrant under section 40(1) of Real Estate (Regulation and Development) Act, 2016 (for short "the Act") for total amount of Rs.28,97,136/- along with interest of Rs.42,89,445/- calculated till November 2022. 1/2

930-ia-30420-2022 in sa-13-2021.doc Pallavi

3. The learned counsel appearing for the Applicant stats that the Applicant will deposit total amount of Rs.58,10,072/- within a period of two weeks from today. He further states that the Applicant has already deposited Rs.8,70,059/- and therefore, within a period of two weeks, the Applicant will deposit balance Rs.49,40,013/-.

4. In view of the above submissions, the Applicant is permitted to deposit Rs.49,40,013/- in Rera Appellate Tribunal within two weeks from today.

5. This order is passed without prejudice to the rights and contentions of both the parties.

6. Till next date, ad-interim relief in terms of prayer clauses (b) and (c) on the condition that the said amount of Rs.49,40,013/- is deposited within two weeks from today before MahaRera Appellate Tribunal.

7. Stand over to 9th January 2023.

[MADHAV J. JAMDAR, J.] 2/2