Pramit Mahendra Shah v. M/S. Shree Shubh Enterprises And 3 ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.1302 OF 2015 WITH NOTICE OF MOTION (L) NO.3476 OF 2015 Pramit Mahendra Shah ...
Plaintiff
Versus
M/s. Shree Shubh Enterprises and Ors. ...
Defendants Mr. Shyam Kapadia with Ms. Swati Sawant, Ms. Nikita Jacob i/by M/s. S.K.Legal Associates, for Plaintiff.
Ms. K. Padmashri i/by M/s. Kulkarni and Associates, for Defendant Nos.1 and 4. Mr. Kapil Moye, Ms. Rishika Jhaveri i/by M/s. Shah and Sanghavi, for Defendant No.2.
Mr. G.S.Rao i/by M/s. Purnanand and Co.
CORAM: S.J. KATHAWALLA, J.
DATE: 31 st MARCH, 2016 P.C.:
1.
Pursuant to the direction dated 8th March, 2016 M/s. Fortune Infracreators Pvt. Ltd., (Fortune) appeared before this Court. On 29 th March 2016, Affidavits have been filed by Defendant No.4 and by the Directors of M/s. Saaga Infraprojects Pvt. Ltd. The said Affidavits record the third party rights created in respect of the subject project set out below. The said Affidavits also record various undertakings made by Defendant No.4 and on behalf of M/s. Saaga Infraprojects Pvt. Ltd. The said undertakings are accepted by this Court and taken on record. 2.
Mr. Parekh appearing for Fortune, on instruction from Mr Yogesh Puranik, Director of Fortune, makes a statement that, subject to Fortune acquiring 1/3
redevelopment right from /with consent of the Society i.e. Vartak Nagar CHS and Vartak Nagar Lucky Star CHS in respect of Building No.19 and 20, and developing the said property (the "Subject Project") , Fortune will allot to Plaintiff one flat admeasuring 45 sq. mtr i.e. approximately 485 sq. ft. carpet area in the proposed building to be constructed in place of Building No.19 and 20 on land bearing Survey No.207, 208 situated at Vartak Nagar, Village Majiwada, Taluka and District Thane. 3.
Such allotment will be made after amendment of existing plan but shall not be contingent upon such amendment being made or granted. Fortune to execute all necessary papers, documents etc. regarding the handover of the flat. The appropriate document being Sale Deed to be executed in respect of aforesaid flat in favour of the Plaintiff. However, it is made clear that the Plaintiff herein will bear and pay stamp duty and Registration charges, VAT, Service Tax and all other amount liable to be paid to various Authorities for Allotment of said flat as well as share Application money and advance maintenance charges, water/electricity deposit and other charge like other flat purchasers.
4.
It is made clear that Fortune's obligation to provide the aforementioned flat is only dependent upon it carrying out the said development. In the event that the development cannot be carried out, Fortune will not bear liability. 5.
Liberty to apply in the event the above arrangement cannot fructify for any reason.
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6.
In view of the above, the Suit as well as Notice of Motion are disposed of.
( S.J.KATHAWALLA, J. ) 3/3