Shirin Saifuddin Lakdawala Through Ca Muslim Saifuddin Lakdawala v. Executive Engineer-C-1 Division, Mumbai Bldg. Repairs And Reconstrcuction Board And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO.28358 OF 2019 WITH INTERIM APPLICATION NO.1 OF 2019 Shirin Saifuddin Lakdawala Through her Constituted Attorney and Son Muslim Saiffudin Lakdawala .. Appellants vs.
Executive Engineer - C-1 Division, & Others .. Respondents WITH APPEAL FROM ORDER (ST.) NO.28359 OF 2019 WITH INTERIM APPLICATION NO.1 OF 2019 Saifuddin Dawoodbhai Lakdawala Through her Constituted Attorney and Son Muslim Saiffudin Lakdawala .. Appellants vs.
Executive Engineer - C-1 Division, & Others .. Respondents WITH APPEAL FROM ORDER (ST.) NO.28360 OF 2019 WITH INTERIM APPLICATION NO.1 OF 2019 Saifuddin Dawoodbhai Lakdawala Through her Constituted Attorney and Son Muslim Saiffudin Lakdawala .. Appellants 1/4
vs.
Executive Engineer - C-1 Division, & Others .. Respondents Mr.Ashif Husain a/w Mr.Rajesh Kanojia a/w Ms.Shraddha Chaurasia for the appellants Mr.Pravin Samdhani, Senior Counsel along with Mr.Chirag Kamdar and Ms.Paridhi Saraf i/b M/s.Wadia Ghandy and Co. for the respondents nos.4 to 19 Ms.Sayli Apte i/b Mr.P.G.Lad for the respondent nos.1 and 2 (MHADA) CORAM: K.K.TATED, J.
DATED : OCTOBER 29, 2019 (VACATION COURT) P.C.
.
Heard.
2.
After arguing for some time, both the counsel submitted Minutes of Order dated 29.10.2019 duly signed by the Advocates on record and their respective clients. Same reads thus:
"MINUTES OF ORDER 1.
The Appellants in all three Appeals shall hand over vacant and peaceful possession of the structures in their occupation within a period of two weeks from the date hereof against receipt of transit rent for a period of 24 months in each of the above Appeal. The rent in respect of three premises in three Appeals respectively are as follows: 2/4
Floor Unit No.
Tenant Name Tenant Carpet Area (Sq.mtrs) Carpet Area (Sq.ft.) Rent Per Sq.ft.
Rent per month For 24 months Ground 3.
Shirin S.
Lakdawala 50.23 540.67 1,35,168 32,44,020 Ground 4.
Saifuddin Dawoodbhai 63.70 685.66 1,71,415 4,13,960 Ground 5.
Saifuddin Dawoodbhai 53.56 576.52 1,44,130 34,59,120 2.
In the event, the Appellants failed to vacate the premises in three Appeals, MHADA is to act in accordance with the order passed by MHADA.
3.
The respondents nos.4 to 19 undertake to this Hon'ble Court to execute and register a permanent alternate accommodation agreement with each of the Appellants in respect of premises in three Appeals within a period of two months from the date of receipt of IOD for the sub-cluster where the suit premises are situated.
4.
The Respondent nos.4 to 19 undertake to this Hon'ble Court to offer and give parity in terms of all the benefts which are being offered to all other tenants similarly situated.
5.
All the contentions of the parties in the suit are kept open and the Suit shall be decided by the City Civil Court on its own merits without getting infuenced with this Minutes of Order."
3.
Minutes of Order is taken on record and marked 'X' for identifcation.
4.
All the three Appeals from Order stand disposed of in 3/4
terms of Minutes of Order.
5.
In view of disposal of all the three Appeals from Order, nothing survives in the pending three Interim Applications. Same stand disposed of as infructuous.
Parties to act on authenticated copy of this order. (K.K.TATED, J.) 4/4