Behramshah Shroff Building No. 1 (Yazad) Co-Operative Housing Society Ltd. v. The Zorostrain Radih Society And 5 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2545 OF 2025 IN EXECUTION APPLICATION NO. 1801 OF 2018 The Zoroastrian Radih Society and Ors.

...Applicants V/s.

Behramshah Shroff Building No.1 (Yazad) Co-operative Housing Society Ltd. & Ors.

...Respondents

WITH EXECUTION APPLICATION NO. 694 OF 2019 WITH NOTICE NO. 163 OF 2019 IN EXECUTION APPLICATION NO. 694 OF 2019 WITH CHAMBER SUMMONS NO. 1 OF 2025 IN EXECUTION APPLICATION NO. 1801 OF 2018 WITH EXECUTION APPLICATION NO. 1801 OF 2018 WITH INTERIM APPLICATION NO. 2545 OF 2025 IN EXECUTION APPLICATION NO. 1801 OF 2018 WITH NOTICE NO. 212 OF 2018 IN EXECUTION APPLICATION NO. 1801 OF 2018 Mr. Cherag Balsara with Mr. Yogesh Patil, Mr. H. N. Vakil and Mr. Farhad Vakil i/b Mulla & Mulla and Craigie Blunt & Caroe for the Appliacnt.

Mr. Sarosh Damania with Ms. Riddhi Shah for the Respondents.

CORAM

:

ABHAY AHUJA, J.

DATE :

8th JULY, 2025 P.C. :

1/3

1.

Pursuant to the earlier orders of this Court in the Execution Applications before this Bench, when the matter is called out today, this Court is informed that the Zoroastrian Trust has taken out an Interim Application No. 2545 of 2025 seeking the following prayers:- "a) This Hon'ble Court be pleased to direct the Claimant to pay Rs. 63,14,000/- towards transfer fees to the Applicant with respect to transfer of Flat Nos. 1-204, 1-404 & 1-603 as per the statement annexed as Exhibit "A" hereto; b) This Hon'ble Court be pleased to direct the Claimant to furnish the details of all subsequent transfer of flats after the allotment of the flats by the Applicant Trust within such time as this Hon'ble Court deems fit and proper;

c) This Hon'ble Court be pleased to direct the Claimant to pay Rs. 3,97,464/- towards security charges, which are due and payable to the Applicant as per the statement annexed and marked Exhibit "D" hereto;

d) This Hon'ble Court be pleased to direct the Claimant to pay car parking charges for the space occupied by the members of the Claimant society for parking vehicles in the open spaces and on the DP roads @ Rs. 600 per month per car plus GST.

e) This Hon'ble Court be pleased to direct the Claimant to furnish the details fo all mortgages within such time as this Hon'ble Court deems fit and proper."

2.

Mr. Damania, learned Counsel appears for the Respondents and submits that he has just served the copy of the reply upon the Applicant and that a direction be given to the Registry to accept the same. Registry to accept the same.

2/3

3.

Let rejoinder to the same be filed by the next date with copy to the other side.

4.

List on 19th August, 2025.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.07.08 18:04:49 +0530 NIKITA YOGESH GADGIL 3/3