Bombay High Court
Ms. Rashmi Realty Builders Pvt. Ltd. And ... vs Mr Rahul Rajendrakumar Pagariya And ... on 7 February, 2023
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
59-ia-944-2023.doc
Pallavi
Digitally signed
by PALLAVI
MAHENDRA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2023.02.08
11:22:06
+0530
INTERIM APPLICATION NO.944 OF 2023
IN
SECOND APPEAL NO.433 OF 2021
M/s. Rashmi Realty Builders Pvt. Ltd. and Ors. ... Applicants
In the matter between
M/s. Rashmi Realty Builders Pvt. Ltd. and Ors. ... Appellants
Versus
Rahul Rajendrakumar Pagariya and Ors. ...Respondents
Mr. Ashokkumar Upadhyay I/b. M/s. A.R. Upadhyay & Co., for the
Appellants/Applicants.
Mr. Altaf Khan for the Respondents.
CORAM : MADHAV J. JAMDAR, J.
DATE : 7th FEBRUARY 2023 P.C. :
1. Heard Mr. Ashokkumar Upadhyay, learned counsel appearing for the Applicants and Mr. Altaf Khan, learned counsel appearing for the Respondents.
2. Mr. Ashokkumar Upadhyay states that this Interim Application was affirmed on 16th January 2023 and lodged for e-filing on 18 th January 2023. However, ultimately, it was numbered on 1 st February 1/3 59-ia-944-2023.doc Pallavi 2023 and therefore, application could not be moved earlier before this Court.
3. By order dated 18th November 2022, this Court, inter-alia, directed the Appellants to deposit Rs.9,00,000/- (Rupees Nine Lakhs Only) towards interest in the execution proceedings by 31 st December 2022. Interim Application is taken out seeking extension of time till February 2023 to deposit the said amount of Rs.9 Lakhs. Mr. Upadhyay, however, states that now Demand Draft dated 27th January 2023 in the sum of Rs.9 Lakhs is ready and the said amount can be deposited in the execution proceedings immediately.
4. Mr. Altaf Khan states that he has no objection if the said period is extended. He only states that Appellants be also directed to pay further interest. However, since Demand Draft dated 27 th January 2023 is ready and interim application also could not be moved because of the difficulties faced by the learned Advocate for the Applicants in e-filing, time to deposit as directed by the order dated 18th November 2022 in paragraph 9 is extended for a period of one week. As the time is extended as directed in paragraph 9 and therefore, on deposit of said amount of Rs.9 Lakhs, execution proceedings shall remain in abeyance.
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59-ia-944-2023.doc Pallavi
5. Period to submit reply as granted by paragraph 11 of order dated 18th November 2022 is extended till 24 th February 2023 instead of 9th January 2023. RERA Appellate Tribunal is requested to decide the Appeal by 31st March 2023.
6. As the Appellants are complying with order dated 18 th November 2022, Mr. Altaf Khan, learned counsel appearing for the Respondents states that he has no objection if order dated 24 th January 2023 issuing attachment warrant passed in Execution No.17 of 2022 in Appeal No.AT006000000052320 is kept in abeyance till 15th February 2023. Accordingly, said order be not executed till next date.
7. Stand over to 15th February 2023 at 2.30 pm. [MADHAV J. JAMDAR, J.] 3/3