Bombay High Court
Vikram B. Trivedi And Anr vs Kalpavruksha Developers And 9 Ors And ... on 24 September, 2018
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 925 coms 328 of 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SUIT NO.328 OF 2018
WITH
NOTICE OF MOTION (L) NO.2178 OF 2018
Vikram B. Trivedi and Anr. ... Plaintiffs
versus
Kalpavruksha Developers and Ors. ... Defendants
WITH
NOTICE OF MOTION (L) NO.768 OF 2018
IN
SUIT NO.1203 OF 2018
Kalpana Morparia ... Plaintiff
versus
Kalpavruksha Developers and Ors. ... Defendants
WITH
NOTICE OF MOTION NO.1860 OF 2018
IN
SUIT NO.1137 OF 2018
Pravin B. Chheda ... Plaintiff
versus
Kalpavruksha Developers and Ors. ... Defendants
WITH
NOTICE OF MOTION NO.1869 OF 2018
IN
SUIT NO.1146 OF 2018
Shakti Holdings ... Plaintiffs
versus
Kalpavruksha Developers and Ors. ... Defendants
WITH
NOTICE OF MOTION NO.1859 OF 2018
IN
SUIT NO.1142 OF 2018
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ssp 925 coms 328 of 2018.doc
S.N.Damani Property Development LLP ... Plaintiff
versus
Kalpavruksha Developers and Ors. ... Defendants
Mr. Sunilkumar Neelambaran I/by M/s. Mulla and Mulla and Craigie Blunt and
Caroe, for Plaintiffs in Suit No.328 of 2018.
Mr. Aditya Mehta with Ms. Namrata M. Shah, Ms. Sanaea Laskari I/by M/s. Federal
and Rashmikant, for Plaintiff in Suit No.1203 of 2018.
Mr. Karl Tamboly with Ms. Smiti Verma I/by M/s. Phoenix Legal, for Plaintiffs in
Suit Nos.1137 of 2018 & 1142 of 2018, 1146 of 2018.
Mr. Simil Purohit with Mr. Farhan Khan I/by M/s. Tejas D. Shah, for Defendants 9
and 10 in Suit No.328 of 2018.
Mr. Mutahhar Khan with Ms. Niyathi Kalra, Ms. Rujuta Patil I/by M/s. Negandhi
Shah and Himayatullah, for Defendant No.9 in NMCDL 1363 of 2018 and for
Defendant No.8 in NMCDL 1364 of 2018.
Ms. Ashwini A. Mahadik I/by M/s. Vigil Juris, for Defendant No.8.
Mr. R.Y.Sirsikar, for MCGM.
CORAM: S.J. KATHAWALLA, J.
DATE: 24th SEPTEMBER, 2018 P.C.:
1. Perused the report dated 12-09-2018 submitted by Capsicum Global Advisory Pvt. Ltd., and also the report filed by M/s. Gem Engserve Pvt. Ltd. The test suggested to be carried out by M/s. Capsicum Global Advisory Pvt. Ltd., may be carried out at the earliest.
2. Since there are some errors in the verification clause, the Plaintiff is allowed to re-verify the Plaint within a period of one week from today.
3. Time to remove office objections in Notice of Motion (L) No.768 of 2018 is extended by two weeks from today.
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ssp 925 coms 328 of 2018.doc
4. Perused the order dated 10th September, 2018. It is clarified that Ms.
Rodrigues who is an Escrow Agent, shall issue a cheque of Rs.14,42,280/- towards the property tax in respect of the property situated at Plot No.5/600 of Malabar and Gamdevi Hill Division, Ward No.2946(5) 5A, August Kranti Road, Kamps Corner, Mumbai 400 036 (Four quarters 17/1, 17/2, 18/1 and 18/2).
5. The Plaintiffs in Comm. Suit Nos.1137 of 2018, 1142 of 2018 and 1146 of 2018 are also allowed to get the structural stability inspected by an independent architect/structural engineer who shall submit their report to this court.
6. The Court has noted that it is only the flat purchasers, who have been cheated by the developer, who are trying to resolve the problems faced by them and the developer is not coming forward to contribute any money to save the situation.
( S.J.KATHAWALLA, J. )
Swaroop Digitally signed
by Swaroop
Sharad Sharad Phadke
Date: 2018.09.27
Phadke 11:37:16 +0530
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