Ashutosh Suresh Bag And ANR v. The District Collector And ORS

NITIN DINKAR JAGTAP 1 / 3 42-WP-6503-2021-SC.doc NITIN DINKAR JAGTAP Date: 2021.10.09 19:22:12 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6503 OF 2021 Ashutosh Suresh Bag & Anr.

...

Petitioners

Versus

The District Collector & Ors.

...

Respondents Mr.A.A.Dandekar for the Petitioners.

Mr.Ajit Kenjale i/b. Mr.Saurabh Kandpile for Respondent Nos. 4 to 8. Ms.M.P.Thakur, AGP for the State.

Mr.Mahendra Darode - Developer, present through video conferencing. CORAM : S.J. KATHAWALLA, & MILIND N. JADHAV, JJ.

DATE : 8TH OCTOBER, 2021 P.C. :

1.

The Order dated 7th October, 2021 passed by this Court shall read as under :

"1. The Petitioners are allowed to join the above Writ Petition to the extent of impleading Maha Rera as party Respondent No. 9 to the above Writ Petition.

2. Amendments to be carried out forthwith.

3. A copy of this Order shall be forthwith forwarded to the newly added Respondent No. 9.

4. Stand over to 8th October, 2021."

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Today, Mr.Mahendra Darode, Developer is present before this Court through video conferencing. He undertakes to pay an amount of Rs.10 Lacs to the Petitioners through RTGS by 11th October, 2021 and further undertakes to pay the balance amount of Rs.31,70,000/- through RTGS within a period of two weeks from today. The undertakings are accepted.

3.

The learned Advocate appearing for the Petitioners has provided the following account details of the Petitioners : Name of the Account Holder :

Ashutosh Suresh Bag SB Account No.

:

00291140016997 Bank Name :

HDFC Bank Limited Branch Name :

Kondhwa Khurd Branch, Pune IFSC :

HDFC 00000 29 MICR :

411240003 4.

Before passing this Order, attention of Shri Mahendra Darode (Developer) and his Advocate is drawn to the decision of the Supreme Court in the case of Shaheena Chadha and Anr. Versus M/s. IREO Grace Realtech Pvt. Ltd. and Others1 to appraise them of the serious consequences that would follow in the event there being any breach of undertaking/s with regard to the payments undertaken to be made to the Petitioners.

5.

The above Writ Petition is accordingly disposed off. Contempt Petition (C) No. 463 of 2021 in Civil Appeal No. 3670 of 2020

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Though the above Writ Petition is disposed off, the same be placed on 12th October, 2021 to report compliance of the first installment. (MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )