Sanjay Kabra v. Mig Bandra Realtors And Builders Private Limited

k 1/2 20 ia 7018.24 in sa as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7018 OF 2024 IN SECOND APPEAL NO.439 OF 2023 Sanjay Kabra ....Applicant

IN THE MATTER BETWEEN

M/s. MIG (Bandra) Realtors and Builders Pvt. Ltd.

....Appellant V/S Sanjay Kabra & Anr.

....Respondents _________ Mr. Prathamesh Kamat a/w Mr. Shreni Shetty and Ms. Vinita Melvin i/b M/s. ANB Legal for the Applicant/Respondent No.1.

Mr. Virag Tulzapurkar, Senior Advocate, Mr. Jai Chhabria, Mr. Yehaan Shah, Ms. Rujuta Patil, Mr. Hasan Mushabber for Appellant.

Mr. S.M. Seegarla i/b M/s. RMG Law Associates for Respondent No.2.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 26 MARCH 2024.

P.C.:

This Interim Application is filed seeking clarification of the order dated 8 February 2024.

After arguing the Interim Application for sometime, Mr. Kamat, the learned counsel appearing for the Applicant and Mr. Tulzapurkar, the learned katkam Page No.

1 of 26 March 2024

k 2/2 20 ia 7018.24 in sa as.doc Senior Advocate appearing for the original Appellant submit that the parties have agreed on the following course of action: i) The Applicant would pay to the original Appellant amount towards stamp duty, registration fees, agent and other charges by 28 March 2024 as set out in email at Exhibit-H to the Interim Application, ii) Immediately upon receipt of the aforementioned amounts, the original Appellant would execute the agreement with the Applicant and register the same before the concerned Sub-Registrar of Assurances on 28 March 2024, iii) The Applicant shall pay the entire amount of Rs.1,32,01,534/- reflected in the demand letter dated 1 September 2022 as set out at page No.60 of the Interim Application to the original Appellant on or before 8 April 2024. Since the parties have agreed to the above course of action, nothing survives in the Interim Application and the same is accordingly disposed of. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2024.03.27 15:36:24 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

2 of 26 March 2024