Bombay High Court
Tejal Madhukar Rupji vs Mulund Raviraj Co-Operative Housing ... on 2 September, 2021
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
1 / 2 1-IAL-12903-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 12903 OF 2021
IN
COMMERCIAL ARBITRATION PETITION NO. 559 OF 2017
Tejal Madhukar Rupji ... Applicant
(Original Respondent No.3)
In the matter between :
Mulund Raviraj Co-operative Housing Society Ltd. ... Petitioner
Versus
M/s. Rupji Constructions & others ... Respondents
And
Ganesh Krishna Jadhav ... Respondent
.........
Mr. Mangal Bhandari for the Applicant in IAL-12903-2021.
Mr. Anushk Sabnis for the Petitioner.
Mr. Amit Potnis for Respondent No.1.
Ms. Yamuna Parekh alongwith Mr. Sagar Patil for the MCGM.
Mr. Jamshed Master alongwith Mr. Declan Fernandez instructed by Mr. Purazar
Fouzdar for the flat purchasers.
Mr. S.S. Redekar for the Intervenor.
.........
CORAM : S.J. KATHAWALLA, J.
DATED : September 2, 2021.
(In Chamber)
P.C. :-
1. The Report dated 20th February, 2020 submitted by Shri K.K. Trivedi, Official Assignee, is taken on record.
2. The Prothonotary and Senior Master of this Court shall issue a cheque of Rs.15 Lakhs from the funds deposited with him, in favour of Advocate Amit Potnis being his Kanchan P Dhuri 2 / 2 1-IAL-12903-2021.odt professional fees agreed to be paid by the Rupji's, as per the Minutes dated 1 st September, 2021, copy of which is taken on record and marked 'X' for identification.
3. The property tax in respect of the suit property - Mulund Raviraj CHSL to the tune of Rs.11,52,000/- shall be paid by the Prothonotary to the MCGM as agreed by Shri Tejal Rupji from the funds deposited with the Prothonotary. The MCGM may accept the same without prejudice to its rights and contentions, qua the quantum of the property tax payable by the Rupji's.
4. The Learned Advocate appearing for the Corporation seeks time to file an Affidavit setting out the dues payable to the Corporation in respect of the subject project/property as well as the Parel project/property. Affidavit to be filed within a period of one week from today.
5. Advocate Mangesh Deshmukh shall visit the Arthur Road Prison, Mumbai on 3rd September, 2021 at 03.00 p.m. The Superintendent of Arthur Road Prison, Mumbai shall allow Advocate Deshmukh to meet Shri Madhukar Rupji and Shri Tejal Rupji from 03.00 p.m. to 05.00 p.m. to enable him to take instructions in the matters pending before this Court.
6. Place the above Interim Application along with Interim Application (L) Nos. 15122 and 15780 of 2021 on 9th September, 2021 at 1.30 p.m. in Chamber No.45.
( S.J. KATHAWALLA, J. )
Digitally signed
by KANCHAN
KANCHAN PRASHANT
DHURI
PRASHANT Date:
DHURI 2021.09.02
20:08:57
Kanchan P Dhuri
+0530