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Bombay High CourtWP/509/2018

Oshiwara Yashodeep Co-Operative Housing Society Ltd. v. The Maharashtra Housing And Area Development Authority (Mhada)

2019-08-07Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Akil Kureshi2 pages

Sherla V.

wp.509.2018_8.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

WRIT PETITION NO.509 OF 2018 Oshiwara "Yashodeep" Co-operative Housing Society Ltd.

... Petitioner Vs The Maharashtra Housing and Area Development Authority (MHADA) ... Respondent Mr.Kunal Bhanage for the Petitioner Ms.Neha Bhide, B Panel Counsel, for Respondent CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATED: AUGUST 7, 2019 P.C.:

1.

The petitioner has challenged a demand notice dated 15.11.2017 issued by the Mumbai Housing and Area Development Board, which is a unit of Maharashtra Housing & Area Development Authority. Under such notice, the said authority has demanded payment of lease rent with interest. During the pendency of this petition, disputes between the parties have narrowed down. It is agreed that the principal lease rent amounts have been paid to the petitioner, however, there are arrears of

wp.509.2018_8.doc interest. With interest at the agreed rate, it comes to approximately Rs.83 lakhs. The learned Counsel for the petitioner stated that within six weeks of indication of the total amount by the authority, the petitioner-society shall clear the entire arrears. 2.

While disposing of this petition, therefore, it is provided that the respondent shall communicate to the petitioner the amount of interest due and payable within six weeks from the date of receipt of such communication and the petitioner shall pay out the entire amount.

3.

With these directions, the petition is disposed of. (S.J. KATHAWALLA, J.) (AKIL KURESHI, J.)