Sangvi Lifespace Pvt.Ltd. v. Megh Mahal Co-Operative Housing Society Ltd.
IN THE HIGH COURT
OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 65 OF 2020 Sangvi Lifespace Pvt Ltd.
...Petitioner
Versus
Megh Mahal Co-operative Housing Society Ltd.
... Respondent CONSENT TERMS
1) Agreed, declared and confirmed between the Parties that the Development Agreement at Ex. "R colly" to the Petition is valid, subsisting and binding between the parties.
2) Agreed, declared and confirmed by the Petitioner that, the Petitioner has acquired right over the adjoining plot of land bearing City Survey No. 221 of village Kanheri, Taluka Borivali vide a Deedof Conveyancedated 7th May, 2019 and that the aforesaid adjoining plot is now available to the Petitioner for amalgamating the same to the plot of land of the Respondent in course of its redevelopment.
3) Agreed, declared and confirmed that the Respondenthas no objection for the Petitioner amalgamating the adjoining plot of land bearing City Survey No. 221 of village Kanheri to the plot of land of the Respondent bearing City Survey No. -\-
222/A of village Kanheri in course of the redevelopment of the property of the Respondent.
4) Agreed, declared and confirmed that, pursuant to clause no. 2.8 of the Development Agreement at Ex. 'R' to the Petition and in consideration of the Respondentagreeing to allow the Petitioner to amalgamate the adjoining plot bearing City Survey No. 221 of village Kanheri with that of the property of the Respondentin course of redevelopment and in case if such amalgamation is allowed by the competent authority and such additional benefit is available to the Petitioner then:- a) The Petitioner has agreed to provide to each of the residential existing members of the Respondent,free of cost, a self contained residential unit/flat in the proposed building of the carpet area which shall be 35% (in place and instead of 27% original agreed as per Development Agreement at Ex.
'R') in excess of the existing carpet area of the units/flats held by such members in the existing building "Megh Mahal" on the said property of the Respondent.
agreed under the development Agreement at Ex.R to the Petition.
b) The Petitioner has agreed to provide to each of the commercial existing members of the Respondent, free of cost, a commercial premises in the proposed building of the carpet area which shall be 18 % (in place and instead of 16 % original agreed as per Development Agreement at Ex. 'R') in excess of the existing carpet area of the units held by such members in the existing building "Megh Mahal" on the said property of the Respondent. It is clarified that incase if the adjoining plot is not amalgamated for the development then the additional area to be given to the commercial members shall be 16 % as agreed under the development Agreement at Ex.Rto the Petition.
5) The Respondent Society has agreed to permit Petitioner to construct one or more commercial/Office premises on the 1StFloor of proposed new Building for free sale purpose and pursuant thereto and in consideration thereof the Petitioner has agreed to increase the hardship compensation from Rs. 700/- (RupeesSeven Hundred Only) to Rs. 1,050/- (Rupees One Thousand Fifty Only) per sq. ft of existing carpet area -~-..~.
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6) It is clarified that the term Carpet Area shall mean wall to wall floor area within the premises and not RERACarpet Area.
7) The Statement showing the names of the members of the Respondent occupying residential/commercial premises in the existing building "Megh Mahal", the description of the premises by flat/shop numbers, the area of the flats/shops taken for computing the additional area to the entitlement of the respective members in the proposed new building and the area of the fiats/shops to the entitlement of the members in the proposed new building is annexed hereto and marked as Annexure-A.
The Parties shall not raise any dispute in respect of the areas of the flats/shops held by the existing members at any time hereafter.
8) Agreed, declared and confirmed that any of the existing member of the Respondentoccupying residential flat/unit in the building "Megh Mahal" opting to acquire the flat of the area bigger than that of his entitlement as shown in Annexure 'A' hereto, the Petitioner shall allot such flat to such member by charging him for the excess area i.e. the carpet area of the bigger flat opted by him less the area of the flat to his entitlement as Annexure-'A' hereto at the rate
payment terms.
The members of the Respondent shall exercise such option within days hereof.
The consideration for such additional area to be computed at the aforesaid rate of Rs. 19250/- per sq. ft. carpet shall become payable by the concerned member to the Petitioner in the following manner :- i.e. to say 10% of the total amount for such additional carpet area at the aforesaid rate shall be paid along with the letter exercising the option, further 20% of the amount shall be paid on receiving 100 and on execution of Individual allotment agreement (1M) of members, further 15% on completion of plinth of the proposed building and the further 30% shall be paid during the construction of slabs, further 05% on completion of brick work and further 05% on completion of internal plaster ,further 05% on completion of external plaster and balance 10% against possession of the permanent alternate accommodation in the proposed new building. The Petitioner shall inform the concerned member of the respective stage of Completion and serve demand at the address provided by him or her.
In case of delay in payment, the concerned member shall be required to pay interest on the outstanding at the rate of 12% p.a.
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9) Subject to the Respondent executing and registering the Development Agreement and Supplementary Agreement pursuant to these terms as agreed herein and upon receipt of written approval from the society in regard to the plans, Petitioner shall complete the preparation of Municipal drawings and other necessary documentations as required by competent authorities for application of 100 within days thereafter.
The Petitioner has agreed to procure within months from the date of submission of final application, which shall be subject to BMC approval and Force Majeure clause.
10) Agreed, declared and confirmed that at the time of giving intimation to the Respondent as regards the receipt of 100 and requiring the Respondent to handover vacant possession of the site of the said property, the Petitioner shall handover to the Respondent a tentative Bar Chart providing timeline for the progress of the construction at the site from the stage of Commencement Certificate up to the receipt of Occupation Certificate and the Petitioner shall strictly abide by the tentative Bar Chart except on the count of force majeure and for the circumstances beyond the --.6 -
11) It is further agreed, declared and confirmed by the Parties that Development Agreement at Ex. 'R'
to the Petition shall stand modified to the extent as agreed herein and parties shall remain present for registration of the said Development Agreementalong with Deed of Confirmation / Supplementary Agreement in terms hereof and as may be required by the Petitioner, within 30 day of these Consent Terms and Orders being passed thereon, wherein this Consent Terms and Orders thereon shall be annexed. 12) In view of the aforesaid terms the petition stands disposed off.
Mumbai dated this day of, For Sangvi Lifespace Pvt.Ltd.
For Megh ." ~:
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Naresh S. Sevak Ani! B. Trivedi . ~".
Director Secretary Treasurer (Petitioner) (Respondent) For Lex Services ForApungare ?) -'1 _. I '--"
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Adv. Atul S. Tungare (Advocate for Petitioner) (Advocate for Respondent)
ANNEXURE nAn Existing Existing Percentage Entitlem Sr.No Name of member Flat/Shop User Carpet offer ( 3.24 FSI ent area No Area (in ) (in Sq.Ft.) Sq.Ft.) "An Wing 1 Paras Vora (HUF) A-1 Residential 35% 2 Jayaben J .Bhatt A-2 Residential 35% 3 Bhavanaben Nitinkumar Sheth & Nitinkumar J.
Sheth A-3 Residential 35% 4 Kirit Bechardas Parmar & Jagruti Kirit Parmar A-4 Residential 35% 5 Jatin Ishwarlal Gandhi A-5 Residential 35% 6 Jasumati Jaswantlal Madhu A-6 Residential 35% 7 Arvind Natverlal Soni & Kalpana Arvind Soni A-7 Residential 35% 8 Naresh Shivshankar Sevak & Indu Naresh Sevak A-8 Residential 35% 9 Prakash Ramchandra Nerurkar A-9 Residential 35% Shamala Prakash Nerurkar & Prakash Ramchandra Nerurkar A-10 Residential 35% Ujwala Kirti Bhosle & Harsh Kirti Bhosle A-11 Residential 35% 12 Nayana Dinesh Desai & Devang Dinesh Desai A-12 Residential 35% "B" Wing 1 Maltiben Naren Gohil & Pradeep Naren Gohil B-1 Residential 35% 2 Ani!
Balashankar Trivedi B-2 Residential 35% 3 Usha Satish Panchal B-3 Residential 35% 4 Vedant Kamlesh Sankhe & Varun Kamlesh Sankhe B-4 Residential 35% 5 Krishnakant Ganpatram Gor & Ravilaxmi K Gor B-5 Residential 35% 6 Naynaben Bipinbhai Mehta & Piyush Bipin Mehta B-6 Residential 35% 7 Nilesh Govindlal Shah & Sharad Govindlal Shah B-7 Residential 35% 8 Ashokkumar Bhogilal Bhatt B-8 Residential 35% Neeta Nandkumar Pimple & Nandkumar Ramchandra 35% 9 Pimple 8-9 Residential Shantilal Ramji Chheda & Dhiren Ramji Chheda 8-10 Residential 35% 11 Shamraj Gopal Shetty & Savita Shamraj Shetty B-11 Residential 35% 12 Kamlaben Navinchandra Shah B-12 Residential 35% GROUND FLOOR 1 Chanchalben Vashanji Shah(Gangar) G-1 Shop 18% 2 Madhavi S.
Parab G-2 Shop 18% 3 Ramesh Khimji Gada G-3 Shop 18% 4 Lataben Vallabhbhai Patel & Abhay Vallabhbhai Patel G-4 Residential 35% 5 Vandravan Karsandas Kanani G-5 Shop 18% 6 Himmat N.Mandaliya G-6 Shop 18% 7 Daksha K.Shah G-7 Residential 35% 8 Shailkumar Kanojia G-8 Shop 18% 9 Tejal Bhupesh Sankhe & Neeta Nandkumar Pimple G-9 Shop 18% 10 Nitin Tulsidas Dhakan G-10 Residential 35% 11 Kishor Shrinivas Mudliar G-11 Residential 35% 12 Rajesh Subhash Mudliar G-12 Residential 35% 13 Aarti Vallabhbhai Patel & Shilpa Devang Thaker G-13 Residential 35% 14 Arunaben Ramanbhai Desaria G-14 Residential 35% 15 Madhuben Hasmukhbhai Suru(Soni) G-15 Residential 35% 16 Piyush Bipinbhai Mehta & Nayanaben Bipinbhai Mehta G-16 Residential 35% g"~,~:1).,,, ~ ~~;-r--- .
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~SANGHVI ~ INNOVi\TlVE.PROGRESSIVE.Vi\LUE DRIVEN CERTIFIED TRUE COPY OF A RESOLUTION PASSED AT A MEETING OF THE MANAGEMENT COMMITTEE OF SANGVI LIFESPACE PVT. LTD HELD ON 3rd JANUARY 2020 AT 3.00 PM AT THE REGISTERED OFFICE OF THE COMPANY AT 401, RANGOLI TIME COMPLEX, NEAR PREMIER THEATER, DR. AMBEDKAR ROAD, PAREL (EAST) MUMBAI-400012. "RESOLVED THAT Mr.
Rakesh Sanghvi, Director of the Company is hereby authorized to appear, sign, execute and register all papers, applications, Complaints, plaints, written statements, petitions, affidavits, replies, documents, complaints, undertakings, declarations, consent terms, appeals, Arbitration Petition and proceedings related to Arbitration including deposing on oath, leading evidence and filing any other documents incidental thereto, in the legal proceedings initiated by Sangvi Lifespace Private Limited against Megh Mahal Co-Operative Housing Society Limited in the present Petition before the Hon'ble High Court of Bombay. RESOLVED FURTHER THAT the above mentioned Authorized Representative of the Company hereby appoints Mis LEX SERVICES as attorneys for the Company. CERTIFIED TO BE TRUE ( IFOR SANGYI LIFESf ACE PRIVATE LIMITED \)~ ~.
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- I --f I SANGVI L1FESPACE PRIVATE LIMITED CIN-U70102MH2015PTC270277 <0 +912224191500 • info@sanghvi.life fli www.sanghvi.life 9 Corp. Off. :401, Rangoli Time Complex, Adjoining PremierTheater, Dr. B.A. Road,Parel(E),Mumbai - 400012
Housing Society Ltd.
Megh Mahal C~:?~;M I HSG""91)1~1Umbai_400066.
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