Bombay High Court
Vijay A Gosrani And 29 Ors vs East And West Developers And 2 Ors & Laxmi ... on 2 May, 2019
Author: G.S. Patel
Bench: G.S. Patel
955-CONP38-17+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO. 38 OF 2017
IN
NOTICE OF MOTIONN (L) NO. 553 OF 2015
IN
SUIT NO. 2160 OF 2009
WITH
NOTICE OF MMOTION (L) NO. 827 OF 2018
IN
CONTEMPT PETITION NO. 38 OF 2017
IN
NOTICE OF MOTIONN (L) NO. 553 OF 2015
IN
SUIT NO. 2160 OF 2009
WITH
NTOICE OF MOTION (L) NO. 533 OF 2019
IN
CONTEMPT PETITION NO. 38 OF 2017
IN
NOTICE OF MOTIONN (L) NO. 553 OF 2015
IN
SUIT NO. 2160 OF 2009
WITH
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955-CONP38-17+.DOC
NOTICE OF MOTION (L)N O. 562 OF 2019
IN
CONTEMPT PETITION NO. 38 OF 2017
IN
NOTICE OF MOTIONN (L) NO. 553 OF 2015
IN
SUIT NO. 2160 OF 2009
WITH
CHAMBER SUMMONS (L) NO. 638 OF 2019
IN
CONTEMPT PETITION NO. 38 OF 2017
IN
NOTICE OF MOTIONN (L) NO. 553 OF 2015
IN
SUIT NO. 2160 OF 2009
Vijay A Gosrani & Ors ...Plaintiffs
Versus
East & West Developers & Ors ...Defendants
An Advocate, i/b Payne & Associates, for the Applicant in Notice of
Motion (L) no. 562 of 2019.
Mr Cherag Balsara, with Ms Tamsin Monis, I/b ALJ & Partners, for
Respondent No. 1 in Contempt Petition No. 38 of 2017.
Mr Dadasaheb Shingade, for the Defendant - MCGM. Mr Rajendra Pai, with Mr AR Pai, Mr Akshay R Pai, Ms Neuty Thakkar, Ms Apurva Bhat & Mr Vinay Kalro, i/b Mrs Bina Pai, for the Applicants in Chamber Summons (L) No. 638 of 2019. Mr A Naphade,w ith Mrm Tushar Gujjar, i/b Solicis Lex, for the Page 2 of 6 2nd May 2019 ::: Uploaded on - 03/05/2019 ::: Downloaded on - 04/05/2019 01:33:46 ::: 955-CONP38-17+.DOC Contempt Petitioners.
Mr Cyrus Ardeshir, with Mr Gaurav Jangle & Ms Dimple Merchant, i/b IV Merchant & Co, for Respondent No. 2.
CORAM: G.S. PATEL, J
DATED: 2nd May 2019
PC:-
CHAMBER SUMMONS (L) NO. 638 OF 2019:
1. After some arguments the Chamber Summons (L) No. 638 of 2019 is dismissed as withdrawn with the following liberty:
(a) Those of the Applicants in the Chamber Summons are members of Defendant No. 2 society agree and accept that they will be represented only by and through the society in regard to all claims for compensation from the 1st Respondent developer as also all claims in regard to allotment of an accommodation after redevelopment.
(b) Those of the Applicants who are not yet members of the society but who claim that they are entitled to benefits (monetary as well as housing) but whose names do not yet featured on Annexure II are set at large to pursue their remedies for an adjudication of their entitlement by the appropriate authority, i.e., the MCGM.Page 3 of 6
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2. I am making it clear that if by the previous orders any persons have been excluded from receiving benefits of this redevelopment, they will not now be entitled to apply for being placed on the same basis as other members without accepting the imposition of certain limitations, restrictions or terms. It is only this limited class of previously excluded members who are at liberty to file a separate proceeding of their own. There can be no question of these persons filing a Chamber Summons in this Contempt Petition.
CONTEMPT PETITION N O. 38 OF 2017
3. Mr Shimpi states that he has been asked to withdraw appearance. He stand discharged. Mr Ardeshir states that M/s IV Merchant & Co will be entering appearance for the 2nd Defendant society. That firm's vakalatnama will be filed within a week.
4. Mr Balsara for the 1st Respondent states that the 25 persons from the Contempt Petitioners who had provided their NEFT bank details have been paid in accordance with paragraphs 16 and 19 of the order of 20th March 2019. The statement is accepted.
5. Mr Ardeshir on behalf of the society has instructions to state that the bank details of 292-293 members were sent directly to the 1st Respondent developer on 26th March 2019 and 4th April 2019. The developer has computed the amount due according to it in each of these. This statement has not been sent to the society for cross- checking or verification. So as not to inconvenience to members, I will accept Mr Balsara's statement that payment in accordance with Page 4 of 6 2nd May 2019 ::: Uploaded on - 03/05/2019 ::: Downloaded on - 04/05/2019 01:33:46 ::: 955-CONP38-17+.DOC developer's computation of dues to all 292-293 members will be paid by RTGS/NEFT by 12.00 noon tomorrow, 3rd May 2019. Should there be any discrepancy in the amount claimed by any individual member, it is the society that will send to the developer's Advocate a consolidated statement of all such discrepancies. That is to be done on or before 10th May 2019. It is for the developer and society then to resolve any such discrepancies. They are to do this within two weeks, i.e., on or before 24th May 2019. There will be an agreed statement of additional amounts due if any, countersigned by the representatives of both the society and the developer. The developer will make payment of the agreed discrepant amounts within two weeks thereafter by RTGS/NEFT.
6. In this regard, liberty to the parties to apply.
7. As regards the event of default set out in paragraphs 16 and 19 of the 20th March 2019 order, having regard to the intervening events, the changes of Advocates, the fresh Chamber Summons filed by some and other factors, I will not for the present treat the delayed payment by East & West Developers as a default, and will hold the provisions of those two paragraphs of the 20th March 2019 order in abeyance for the present. This is of course on the footing that there will not be further defaults. This is also on the basis that payment as agreed by Mr Balsara is made by tomorrow, 3rd May 2019.
8. List the matter on 14th June 2019.
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9. Mr Shingade learned Advocate for the MCGM requests further time to process the application referred to in paragraph 29 of the 20th March 2019.
10. Time is extended till 14th June 2019.
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