Kashmira Bhatt v. State Of Maharashtra And 4 Others

13 - WPL. 2556-18 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 2556 OF 2018 Dr. Karishma Bhatt ...

Petitioner Vs.

State of Maharashtra & Ors.

...

Respondents *** Mr. Aniket P. Ranade, for the Petitioner.

Mr. Anil Mishra, for Respondent No. 3.

Mr. Anukul Sheth, for Respondent No. 4 & 5.

*** CORAM : INDRAJIT MAHANTY, & A. M. BADAR, JJ.

DATE : APRIL 18, 2019 PC :

1.

Heard the learned counsel appearing for the respective parties. This petition has been filed by the member of the Respondent No. 3-Society, inter alia seeking a direction to the Respondent No. 2 not to issue IOD or commencement certificate to the Developer (Respondent Nos. 4 and 5) unless they strictly comply with the obligations listed in Agreement dated 19.11.2011. 2.

The learned counsel appearing for Respondent Nos. 4 and 5 (Developers) submits in the Court that they are ready and willing to comply with every obligation listed in the Agreement dated 19.11.2011. He submits on behalf of the Developers that 1 / 2

13 - WPL. 2556-18 Respondent Nos. 4 and 5 shall comply with the pre-requisites for payment of compensation as well as provision for temporary accommodation of members of the Society in terms of Agreement dated 19.11.2011 prior to seeking vacant possession of their premises.

3.

The learned counsel for the Petitioner, as also the learned counsel appearing for the Respondent-Society also undertake to strictly abide by the terms of Agreement dated 19.11.2011. After recording undertaking / statements made on respond Nos. 4 and 5, the Petitioner, and the Respondent No. 3Society, the writ petition is disposed of, directing the parties to strictly abide by the terms of Agreement dated 19.11.2011. 4.

The order of interim relief stands vacated.

Sd/- Sd/- [A. M. BADAR, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2