Nita Paresh Sheth And ANR. v. Vibrant Properties And 6 ORS.
by HEMANT CHANDERSEN SHIV Date:
2023.10.30 17:54:44 +0530 HEMANT CHANDERSEN SHIV 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3157 OF 2021 IN SUIT NO.230 OF 2021 Nita Paresh Sheth & Anr.
...Applicants vs.
Vibrant Properties & Ors.
...Respondents
WITH INTERIM APPLICATION NO.4592 OF 2022 IN SUIT NO.283 OF 2022 WITH SUIT NO.283 OF 2022 Paresh Manilal Sheth & Anr.
...Applicants vs.
Vibrant Properties & Ors.
...Respondents
WITH INTERIM APPLICATION NO.842 OF 2022 IN SUIT NO.8 OF 2022 Ramachandran Subramaniam ...Applicant vs.
Vibrant Properties & Ors.
...Respondents
Mr. Dishang Shah i/b Mr. Piyush M. Shah for the Applicant/Plaintiff.
Ms. Swati Singh i/b Parinam Law Associates for Defendant No.1.
CORAM : S. M. MODAK, J.
DATED : 27TH SEPTEMBER 2023
2/3 P. C. :
1.
Heard learned Advocate for the Plaintiff and learned Advocate for Defendant No.1-developer. 2.
This Court as per order dated 13th October 2021, was pleased to record the statement made on behalf of Defendant No.1 that they will not create third party interest in respect of the flats that are the subject matter of three sale agreements in these three suits. This statement was made subject to issuing directions to the Plaintiff to deposit balance amount due. They have deposited the amount in the Court along with accrued interest. The details are as follows :
S.No. Name of the Plaintiff Amount 1) Nita Paresh Sheth Rs. 14,56,164/- 2) Paresh Manilal Sheth Rs. 94,877/- 3) Ramachandran Subramaniam Rs. 80,57,280/- 3.
The Plaintiff are the purchasers of respective units from the building and the society has settled dispute with present Defendant No.1 in Interim Applications filed in respective suits. In view of that now the Plaintiff did not
3/3 want to prosecute the suit further and the Plaintiffs want to withdraw them. Hence, the suits disposed of as withdrawn. In view of that, Interim Applications in respective suits are also disposed of.
4.
Let learned Prothonotary and Senior Master to refund the amount along with accrued interest as mentioned above, if they are not paid earlier. 5.
Refund of Court fees as per Rules.
[S. M. MODAK, J.]