Bombay High Court
Mahalaxmi Sra Co. Op. Housing Society ... vs Slum Rehabilitation Authority Throug ... on 6 April, 2023
Author: Neela Gokhale
Bench: G.S. Patel, Neela Gokhale
906-OSWP-1513-2021.DOC
Shivgan
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NILESH SHIVGAN
SHIVGAN Date:
2023.04.10
15:11:01 ORDINARY ORIGINAL CIVIL JURISDICTION
+0530
WRIT PETITION NO.1513 OF 2021
WITH
INTERIM APPLICATION NO.4827 OF 2022
WITH
INTERIM APPLICATION (L) NO.18362 OF 2022
WITH
INTERIM APPLICATION (L) NO.14614 OF 2022
Mahalaxmi SRA Co-op Housing Society Ltd &
Ors ...Petitioners
Versus
Slum Rehabilitation Authority
Through its Chief Executive Officer & Ors ...Respondents
WITH
WRIT PETITION NO.2536 OF 2018
WITH
INTERIM APPLICATION (L) NO.24343 OF 2022
Saroj Indreshkumar Dube ...Petitioners
Versus
The State of Maharashtra & Ors ...Respondents
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6th April 2023
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906-OSWP-1513-2021.DOC
WITH
WRIT PETITION (L) NO.20903 OF 2021
WITH
INTERIM APPLICATION NO.949 OF 2022
Shankar Ashok Kanojia ...Petitioners
Versus
Slum Rehabilitation Authority & Ors ...Respondents
Mr Satyaram R Gaud, with Raj J Saraf, for the Petitioners in
WPL/20903/2021.
Ms Geeta Shastri, with Amit Shastri, for Respondent Nos. 1 to 3-SRA
in WPL/20903/2021.
Mr Shakeeb Shaikh, with Alfiya Diamondwala i/b Diamondwala &
Co, for Respondent No.8 in WPL/20903/2021.
Mr GR Dwivedi, for the Petitioners in WP/2536/2018.
Mr Shakeeb Shaikh, with Alfiya Diamondwala i/b Diamondwala &
Co, for Respondent No.8 in WP/2536/2018.
Mr Amit Shastri, AGP, for State in WP/2536/2018.
Mr Milind More, for Respondent Nos. 4,5-SRA in WP/2536/2018.
Mr Manoj Singh, i/b RG Upadhyay, for the Petitioners in WP
1513/2021.
Mr Vijay D Patil, for the Respondent No.1-SRA in WP/1513/2021,
IA/4827/2022 & IAL/14614/2022.
Mr DD Madan, Senior Advocate, with Jamshed Master, Shakeeb
Shaikh, Pradeep Jain, Alfiya Diamondwala, i/b Diamondwala &
Co, for Respondent No.3 & Applicant in IAL/14614/2022.
Mr Ryan D'souza, with Ekta Tyagi, Priyamvada Singhania, for
Piramal Fiance in WP/1513/2021.
Mr Tushad Cooper, Senior Advocate, with Vinod Kothari, Sonal
Sanap, i/b M/s Apex Law Partners, for JC Flowers Asset
Reconstruction Pvt Ltd.
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6th April 2023
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906-OSWP-1513-2021.DOC
CORAM: G.S. Patel &
Neela Gokhale, JJ.
DATED: 6th April 2023 PC:-
INTERIM APPLICATION NO.4827 OF 2022
1. The applicant has an allotment letter dated 6th May 2019 in respect of Flat No. B-5102. The Petitioner also has a no objection certificate from the original principal lender. A copy of that is at page 62 of the Interim Application.
2. In view of this, we vary or modify the previous ad-interim order dated 8th September 2021 and permit registration of the agreement in respect of B-5102. This is subject to the condition that all remaining sale proceeds are to be brought into the designated escrow account.
3. The Interim Application is disposed of in these terms with no order as to costs.
INTERIM APPLICATION (L) NO.14614 OF 2022
4. This is an Interim Application by the Developer. It essentially seeks a modification of a previous order of 8th September 2021. In paragraph 5 of that order, the Division Bench said that until the next Page 3 of 6 6th April 2023 ::: Uploaded on - 10/04/2023 ::: Downloaded on - 10/04/2023 23:27:45 ::: 906-OSWP-1513-2021.DOC date, the Developer would not enter into any further agreements for sale in respect of flats in free sale building.
5. Since then, we have made several orders with a view to endeavour to get the project to start again and perhaps bring it to a close as quickly as possible. The original lender has assigned its rights and the two new substituted lenders/assignees are before us pursuant to our orders. Undoubtedly, their no objection certificates are required. We have noted that there is a freeze on the bank accounts of the developer and that there are escrow accounts into which all proceeds must be deposited. These escrow accounts are controlled and supervised by the lending institutions.
6. Continuing with the previous ad-interim order, one that was evidently intended for a brief period of time, is not in the interests of any of the parties going forward. Those entitled to rehabilitation suffer. The project cannot proceed. The lenders' interests are not addressed and free sale purchasers cannot register their flats.
7. We, therefore, believe it is necessary to modify that order and we do so because we have taken several steps forward since that date.
8. We will ensure that the necessary safeguards are in place. Consequently, we permit the Developer to enter into flat purchase agreements in respect of free sale flats in the project subject to the following two conditions, both of which must be strictly followed:
Page 4 of 66th April 2023 ::: Uploaded on - 10/04/2023 ::: Downloaded on - 10/04/2023 23:27:45 ::: 906-OSWP-1513-2021.DOC i. that for every single purchase agreement entered into hereinafter or which is yet pending registration, an NOC from two lenders must be obtained. We request the lenders not to unreasonably withhold the NOCs in question;
ii. all proceeds and payments under all agreements for sale (including amounts remaining to be paid under already executed agreements) must come into one or the other of the escrow accounts nominated by the lenders.
9. Mr Cooper for YES Bank Limited's assignee, JC Flowers states that the account in question is 000180200001099, Worli branch IFSC Code: YESB0000001.
10. The escrow account details for Piramal are:
Escrow Account No. Bank IFSC Code Branch 915020028698426 Axis Bank UTIB0000004 Fort 57500000134078 HDFC Bank HDFC0000060 Fort
11. It is further clarified that where a unit has a designated escrow account then the amount that is to be received must be routed through the designated escrow account. The default escrow account is the JC Flowers' escrow account. It is to be used where there is no designated escrow account.
12. The Interim Application is disposed of in these terms with no order as to costs.
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13. There are five flats where there are already NOCs. For these, no further NOCs are required.
14. Writ Petition (L) No. 20903 of 2021 is to be detagged and listed on 27th April 2023 subject to objections being removed and the Petition being finally numbered. .
15. Writ Petition No.2536 of 2018 is to be detagged and listed on 27th April 2023.
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