Narayaniprasad Jagdamba Singh v. Sanjay Construction And Finance Company Ltd

3-CP-350-2023.docx rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 350 OF 2023 Narayaniprasad Jagdamba Singh ...

Petitioner Vs.

Sanjay Construction and Finance Co. Ltd.

...

Respondent Mr. Amogh Singh a/w. Mr. Rahul Arora i/b. Mr. Jeet Gandhi for the Petitioner.

Mr. Rohan Sawant a/w. Mr. Laxman Jain i/b. Mr. Yogesh Adhia for Respondent No. 1.

Mr. S. L. Babar, AGP for the State.

CORAM : GAURI GODSE, J.

DATE :

6th FEBRUARY 2024 P.C.

1.

In terms of order dated 29th January 2024 learned counsel for respondent no. 1 on instructions states that in the event there is any shortfall in handing over usable carpet area to the petitioner, respondent no. 1 undertakes to make payment for the said shortfall calculated on the basis of the latest sale instances or ready reckoner whichever is higher.

Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2024.02.09 13:37:43 +0530 1/2 RAJESHWARI RAMESH PILLAI

3-CP-350-2023.docx 2.

So far as identifying the premises on the sanctioned plan is concerned, respondent no. 1 has shown the sanctioned plan to the learned counsel for the petitioner right now in the court pointing out the units that are earmarked for the petitioner.

3.

Learned counsel for respondent no. 1 on instructions further states that the application for amalgamation of the four units and/or payment for the shortfall, if any, will be completed within a period of six months from today.

4.

The undertakings given in affidavit dated 22nd January 2024 filed in the present Contempt Petition are accepted. 5.

In view of the aforesaid, no further adjudication is required with respect to the grievance in the Contempt Petition. 6.

Contempt Petition stands disposed of in above terms. [GAURI GODSE, J.] 2/2