Bombay High Court
Sunder Nagar Siddesh Co-Operative ... vs A.A. Estate Pvt Ltd And 3 Ors on 18 December, 2018
Author: K.R.Shriram
Bench: K.R.Shriram
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION NO.166 OF 2017
IN
COMMERCIAL SUIT NO.215 OF 2017
Pushker Sona & Anr. )....Plaintiffs/Applicants
V/s.
A.A.Estate Pvt. Ltd. )....Defendants
WITH
NOTICE OF MOTION NO.167 OF 2017
IN
COMMERCIAL SUIT NO.216 OF 2017
NOTICE OF MOTION NO.306 OF 2017
IN
COMMERCIAL SUIT NO.286 OF 2017
NOTICE OF MOTION NO.503 OF 2017
IN
COMMERCIAL SUIT NO.597 OF 2017
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Mr.Tushar Gujjar a/w Mr.Deepak Singh I/by Solicis Lex for plaintiffs in Commercial Suit No.215 of 2017, 216 of 2017, 286 of 2017 and 597 of 2017.
Mr.Chirag Balsara a/w Mr.Subit chakrabarti, Mr.Vishesh Kalra I/by Vidhi Partners for defendant no.1 in Commercial Suit No.215/2017, 216 of 2017, 286 of 2017 and 597 of 2017.
[Mr.Anubhav Agarwal, Ms.Saranga Agarwal and Mr.Gokul Agarwal- directors of defendant no.1 present].
Ms.Sharmila U.Deshmukh for defendant no.2 in Commercial Suit No.597 of 2017.
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CORAM : K.R.SHRIRAM,J
DATE : 18.12.2018
KJ
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P.C.:-
1. Mr.Gujjar for plaintiffs states that his instructions are that so long as defendant no.1 confirms that the specimen of the agreement given to him on the last occasion is identical to the agreements signed by other flat purchasers except for the amounts and names, plaintiffs will certainly execute the agreement on 15.1.2019 or earlier.
2. Mr.Balsara for defendant no.1 on instructions from all the 3 directors who are present in court, states that the specimen given is identical to the agreements entered into with the other flat purchasers. Mr.Balsara, however, clarifies that the amount will vary. Mr.Balsara states that Advocates on record for defendant no.1 shall give inspection to plaintiffs' Advocate to compare the specimen given with 3 other flat purchasers so that plaintiffs can satisfy themselves that the agreements are identical.
3. Mr.Balsara at this point, on instructions states that only one agreement has been executed under RERA and he will give inspection of the agreement today itself. Mr.Gujjar states that he will take inspection at the office of the Advocate for defendants at 5.30 P.M. today. Mr.Balsara also states that this draft of the agreement is also on the website of the RERA and it cannot be altered.
KJ
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4. Mr.Gujjar states that in view of the above, plaintiffs would execute the agreement on or before 15.1.2019.
5. Mr.Gujjar states that if Advocate for defendant no.1 informs him during the course of today as to what is the area that plaintiffs are going to get, the amount payable, towards stamp duty and registration and the outstanding amount payable at the time of executing the agreement, plaintiffs will be able to make those amounts ready. Mr.Balsara states that Advocate on record for defendant no.1 shall send an e-mail today itself.
6. Stand over to 18.1.2019 for directions.
(K.R.SHRIRAM,J) KJ ::: Uploaded on - 20/12/2018 ::: Downloaded on - 25/12/2018 20:50:14 :::