Satyawan Tukaram Bamane And ANR v. City And Industrial Developemnt Corporation Of Maharashtra Limited And ANR
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION Digitally signed by DHANAPPA ERAPPA KOSHTI Date:
2021.08.06 15:07:23 +0530 DHANAPPA ERAPPA KOSHTI WRIT PETITION NO. 1865 OF 2019 Satyawan Tukaram Bamane & Anr.
... Petitioners.
Vs Commission on Ecumenical Mission and Relation (COEMAR) & Ors.
... Respondents Mr. Sandeep Maurya for the petitioner.
Mr. Nitin Gangal a/w Mr. Ashok Kadam for Respondent Nos.1 and 2.
CORAM : K.K.TATED & PRITHVIRAJ K. CHAVAN, JJ.
DATE : 3 rd AUGUST, 2021 P.C. :
Heard learned counsel for parties.
2.
By this petition under Article 226 of the Constitution of India, the petitioners are seeking directions against the respondent - CIDCO to handover the possession of Flat No.304, admeasuring approximately 100.62 sq.meter (carpet area) situated on 3rd foor in Building No. H 8, Valley Shilp, Kharghar, Sector 36, Navi Mumbai without payment of any penalty. 3.
These reliefs are vehemently opposed by the advocate appearing on behalf of CIDCO.
4.
After arguing for some time, both the counsel submitted the Minutes of Order dated 3rd August, 2021 stating that the matter is settled between them. The Minutes of Order is duly signed by the petitioners along with their advocates as well as the respondent along with their offcer and their advocates. The same is taken on record and marked "X" for identifcation. The same is accepted. The Minutes of Order reads thus; MINUTES OF ORDER 1.
The parties hereto mutually agree and confrm that all the disputes and differences between the parties are amicably settled in the following matter.
2.
The petitioners undertake to this Hon'ble Court to pay the entire outstanding amount of Rs.24,34,127/- towards the Delayed Payment charges and Miscellaneous Expenses as demanded by the respondents, in 10 monthly equal installments, against the Writ Flat.
3.
The respondents confrm that the respondents have received total consideration amount of Rs.96,69,806/- as mentioned in the Allotment Letter dated 23-09-2014 against "the Writ Flat" from the petitioners.
4.
The petitioners shall hand over the 10 post-dated
cheques on or before 15-8-2021, issued towards the 10 monthly installments, as aforesaid, to the respondents, and the respondents shall execute necessary documents in respect of "the Writ Flat" in favour of the petitioners on receipt of the entire amount of Rs.24,34,127/-. The details of the post-dated cheques are as follows;
Sr.No. Cheque No.
Drawn on Date Amount 878693 Bank of India 1-9-2021 2,43,412.70/- 878694 Bank of India 1-10-2021 2,43,412.70/- 878695 Bank of India 1-11-2021 2,43,412.70/- 878696 Bank of India 1-12-2021 2,43,412.70/- 878697 Bank of India 1-01-2022 2,43,412.70/- 878698 Bank of India 1-02-2022 2,43,412.70/- 878699 Bank of India 1-03-2022 2,43,412.70/- 878700 Bank of India 1-04-2022 2,43,412.70/- 072539 Axis Bank Ltd.
1-05-2022 2,43,412.70/- 072540 Axis Bank Ltd.
1-06-2022 2,43,412.70/- Total 24,34,127/- 5.
The petitioners undertake to this Hon'ble Court that in the event of a single default in making payment from petitioners side to respondents as aforesaid, the Allotment Letter dated 23-9-2014 shall stands terminated and the consequences as to the termination of Allotment Letter dated 23-9-2014 shall
follow.
6.
The respondents shall execute all necessary documents in favour of petitioners, on receipt of the entire amount, as aforesaid which is due and payable from the petitioners, within 30 days i.e. on or before 1-7-2022 or on payment of entire amount as aforesaid whichever earlier. 7.
The Writ Petition is disposed of in terms of these minutes of order.
( PRITHVIRAJ K. CHAVAN, J. ) (K.K.TATED, J.)