Kagalwala Building Resident Welfare Association v. Aaraaish Developers And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.143 OF 2019 IN CONTEMPT PETITION NO.75 OF 2015 Kagalwala Building Resident Welfare Association Petitioner versus M/s.Aaraish Developers and others Respondents Mr.Sujit S. Nikam for Petitioner.

Mr.Ali Bubere I/by Kamran Shaikh for respondent no.1. Mr.Prabhakar Jadhav with Priyanka Ved I/by V.P.Sawant for respondent no.6.

Ms.Trupti Puranik for MCGM.

CORAM :

A.A.SAYED AND PRAKASH D. NAIK, JJ.

DATE :

19th July 2019 PC :

1.

The Notice of Motion has been filed seeking following reliefs : "(a) The Petitioner may be permitted to file a rectified and/or additional list of occupants of residential and commercial premises of Kagalwala Building Resident Welfare Association and the said updated list of occupants of residential and commercial premises of Kagalwala Building Resident Welfare Association may be marked as "A";

(b) Pass a necessary direction for permitting the Petitioner members/occupants to withdraw an amount towards rent for the following period of 01-07-2018 to 31-12-2018, as duly deposited by Respondent No.2 in the office of the Prothonotary and Senior Master as per the updated list of occupants of residential and commercial premises of Kagalwala Building Resident Welfare Association."

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It appears that at least three of the tenants have expired and the names of legal representatives are reflected at Exhibit-4, page 22A of the Affidavit in support of the Notice of Motion. The concern of Respondent no.1-Developer is that there may be other heirs of the deceased-tenant. Without prejudice to the rights and contentions of the parties, we permit the heirs of the deceased tenants, whose names are mentioned at aforesaid Exhibit-4, to withdraw the rent deposited by Respondent no.1-Developer in the office of the Prothonotary and Senior Master upon their furnishing an Undertaking-cum-Indemnity Bond to the satisfaction of Prothonotary and Senior Master that in the event there is a dispute inter-se between the heirs, they shall bring back the amount if so ordered by the Court.

3.

The Notice of Motion to stand disposed of in the aforesaid terms.

(PRAKASH D. NAIK, J.) (A.A.SAYED, J.) MST