Asha@Ashalata Ramdas Suryawanshi v. Maharashtra Housing And Area Development Authority And 7 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1603 OF 2015 ...

Asha @ Ashalata Ramdas Suryawanshi

...Petitioner

Versus

Maharashtra Housing and Area Development Authority & Ors.

...Respondents

...

Mr.R.V. Govilkar a/w Kinjal Jani and Shaba N. Khan for the Petitioner. Mr. Nikhil Patil with Mr.Prabhakar M. Jadhav i/b V.P. Sawant, for the Respondents No. 1 and 2.

Mr. Mohanish Chaudhari, a/w Ms. Sayalee Rajpurkar, i/b Murudkar & Co., for the Respondent No. 8.

Mr.Nitin Valembe, Partner of Respondent No.8 is present in Court. ...

CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ.

DATED : 03 JUNE 2019 P.C.:

By consent of parties the Petition is disposed of in the following terms:

1.

The Petitioner shall accept the commercial premises being shop No.5 admeasuring 23.66 sq.meters (carpet area) on the ground floor of the newly constructed building on ownership basis. 2.

The Respondent No.8 shall hand over physical possession of the aforesaid shop No.5 to the Petitioner within one week from today. The Uday.P.Kambli 1/2

2/2 7-wp-1603-15.doc Agreement in respect of the aforesaid shop No.5 shall be executed within two weeks from today.

3.

The arrears of rent upto the period when the aforesaid shop No.5 was offered to the Petitioner, shall be paid by the Respondent No.8 to the Petitioner within two weeks from today.

4.

The Respondent No.8 shall make an Application to the concerned Authority for providing a different access to the pipes, which access is presently from shop No.5, and in the event the Application is allowed, the access shall be shifted accordingly by the Respondent No.8. (PRAKASH D. NAIK,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2