Bombay High Court
Sharifabai Kuttubuddin Wakf-Aulad ... vs Generic Engineering Construction And ... on 5 March, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
1/2 4 IA- L-15025-2023 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 15025 OF 2023
IN
COMMERCIAL SUIT NO.198 OF 2021
Sharifabai Kuttubuddin Wakfaulad Trust .. Applicant
Versus
Generic Engineering Construction And .. Respondent
Projects Ltd
WITH
INTERIM APPLICATION (L) NO. 4723 OF 2023
IN
COMMERCIAL SUIT NO.198 OF 2021
Kanta Mohan Shinde .. Applicant
Versus
Generic Engineering Construction and .. Respondent
Projects Ltd
WITH
INTERIM APPLICATION (L) NO.5469 OF 2023
IN
COMMERCIAL SUIT NO.198 OF 2021
Adrian Saldanha .. Applicant
Versus
Generic Engineering Construction And .. Respondent
Projects Ltd
Mr. Yash Jariwala, for original plaintiff.
Mr. Amit Arsiwala, for respondent no.2.
Mr. Raju Kathe, Asst Assessor & Collector and Mr. Ramakant
Pimple, Ward Inspector from F/North ward present in Court.
Adv. Jamshed Master a/w Adv. Ms. Dhwani Mehta Desai a/w Ms.
Sunain Masand for the Applicant/ org. defendant nos. 1, 3 & 5. in IA
(L) No. 15025/2023.
Ashish
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2/2 4 IA- L-15025-2023 .doc
Adv. Sarosh Bharucha a/w Anuja Jhunjhunwala, Adarsh Pandey and
Shivani Deshmukh i/b M. Mulla Associates for the Applicants in IA
(L) No.4723/2023, IA (L) No.5469/ 2023.
Ms. Sheetal Metkari a/w Ms. K. H. Mastakar for BMC.
CORAM: BHARATI DANGRE, J.
DATED : 5th MARCH 2024 P.C:-
1 The MCGM has filed an affidavit, where it has indicated two figures; an amount of Rs. 1,73,37,990/- as an amount payable as Repair Cess upto the demolition of the subject building that is June, 2015 and a sum of Rs. 1,45,29,802, which is due and payable towards property tax till November, 2023. This figures are stated in the affidavit of the corporation.
2 A clarity having been offered on the amount due and payable to the corporation through the affidavit, let the original plaintiff and the co-developer now furnish a clear statement about the payments it has made towards the aforesaid liability, which it owes to the corporation and also the payments, which it had made to the owner as well as the tenants till date. The figures shall be depicted in a tabular form without any deduction.
Let this aforesaid exercise be carried out before 15/03/2024, by exchanging the statements with the counsel for the owner as well as Mr. Bharucha representing the tenants. List the proceedings for further hearing on 21/03/2024, at 2:30 p.m. ( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 06/03/2024 ::: Downloaded on - 07/03/2024 05:42:57 :::