Sangita Satish Sawant v. Anand Laxmanrao Ambesange And ORS

SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2021.10.30 15:38:19 +0530 IA 1235 OF 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.1235 OF 2021 IN COMMERCIAL SUIT NO.30 OF 2016 Sangita Satish Sawant ...

Applicant and Anand Laxmanrao Ambesange and Anr.

...

Plaintiffs

Versus

M.S.Shah Developers Pvt. Ltd. and Ors.

...

Respondents Mr. Nivit Srivastava with Ms. Sneha Patil i/by Maniar Srivastava Associates, for Plaintiffs.

Mr. Sharique Nachan with Mr. Azeem Shaikh, Mr. Maaz Syed i/by Judicare Law Associates, for Defendant No.2.

Ms. Anjali Trivedi with Ms. Nandita Shah i/by V. Thakers Advocates, for Defendant No.3.

Mr. Ajit Tamhane with Mr. Kiran Gawalkad i/by Tamhane and Co., for Defendant Nos.4 and 5.

Mr. B.

V.Holambe patil i/by Premkumar Kinamalla, for Applicant in IA 1235 of 2021. Mr. Shreepad Murthy, for Dr. Grajesh Shah.

Mr. Sanjay Patil with Mr. Anoop Wagh, for Thane Project. CORAM: S.J. KATHAWALLA, J.

( IN CHAMBERS ) DATE:

th OCTOBER, 2021 P.C.:

1.

The learned Advocate for the developer - Abdul Hamid Mapkhan has agreed to refund the earnest money with interest to the flat purchasers of Silver Line Project. In view thereof, the learned Advocate for the Applicant on instructions seeks to withdraw the above Interim Application. The Interim Application is accordingly SSP 1/2

IA 1235 OF 2021.doc disposed of.

2.

Mr. Abdul Hamid Mapkhan has tendered two Pay Orders aggregating to Rs.1 Crore. The said Pay Orders shall be handed over to the Prothonotary and Senior Master of this Court for encashment. The Prothonotary and Senior Master will allow Mr. Ayub Asar, represented by Advocate Sanjay Patil to withdraw the said amount of Rs.1 Crore. Mr. Asar will thereafter act on the Consent Terms, as agreed under the Consent Terms interalia executed by and between him and the builder/developer. All the above steps taken by the parties, shall be subject to the further orders passed by this Court.

( S.J.KATHAWALLA, J. ) SSP 2/2