Rekha Vijaykumar Rane v. Messers Parshwanath Construction Through Sole Proprietor Mr Virendra Seth And ANR.

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 160 OF 2021 AND SUIT NO. 7 OF 2021 Rekha Vijaykumar Rane ...Applicant/ Plaintiff

Versus

Messrs Parshwanath Constructions & Anr.

...Defendants ---------- Ms. Chetan Kapadia i/by Sapna Rachure for the Plaintiff. Mr. Pratik Pawar i/by Randive & Kadam Associates for the Defendants.

---------- CORAM : R.I. CHAGLA J DATE :

04 January 2022 (Through V.C.) ORDER :

1.

By the present Interim Application, the Applicant SHARAYU PANDURANG KHOT has sought direction against the Respondent No. 1 to complete by SHARAYU PANDURANG KHOT Date:

2022.01.06 18:20:04 +0530 the construction, obtain the Occupation Certifcate and handover possession of the suit fat to the Applicant as per suitable timelines and on a schedule which is submitted to this Court by Respondent No. 1.

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2.

Learned Counsel appearing for the Applicant has stated that the Applicant though allotted Flat No. 602 in A Wing of the new building being constructed on the said property described in Exh.B to the Plaint, the Applicant has till date not put in possession of the Flat No. 602 in A Wing allotted in the new building.

3.

Learned Counsel for the Applicant has submitted that the Respondent No. 1 be directed to disclose on Affdavit the status of the application for Occupation Certifcate and as to when the Occupation Certifcate will be obtained so as to handover the possession of the suit Flat to the Applicant. 4.

Learned Counsel appearing for the Respondent No. 1/Original Defendant No. 1 has stated that the Application for Occupation Certifcate has been made to MHADA dated 22nd November 2021 and that the Occupation Certifcate is expected within 45 days. Learned Counsel for the Respondent No. 1 has also submitted that consent for Occupation Certifcate has been obtained from MHADA.

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5.

Accordingly, Respondent No. 1 shall fle an Affdavit in Reply to the Interim Application putting on record the application made to MHADA as well as the consent obtained from MHADA and shall state as to when the Occupation Certifcate is expected. Affdavit in Reply shall be fled by the Respondent No. 1 on or before 17th January 2022. 6.

Place the Interim Application on 19th January 2022.

[R.I. CHAGLA J.] 3/3