Shefali Infrastructure Pvt. Ltd. And Another v. The Asst Commissioner Of Sales Tax (D-804) Nodal Division I And Another
Chaitanya
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 970 OF 2024 Digitally signed by CHAITANYA ASHOK JADHAV Date:
2025.08.25 18:08:11 +0530 CHAITANYA ASHOK JADHAV M/s. Shefali Infrastructure Pvt. Ltd. And Anr.
... Petitioners
Versus
The Assistant Commissioner of Sales Tax (D-804), Nodal Division-I And Anr.
... Respondents WITH INTERIM APPLICATION (L) NO. 25167 OF 2025 IN WRIT PETITION NO. 970 OF 2024 The Chairman/Secretary, A-1, Co-operative Housing Society Ltd.
... Applicant In the matter between :
M/s. Shefali Infrastructure Pvt. Ltd. And Anr.
... Petitioners
Versus
The Assistant Commissioner of Sales Tax (D-804), Nodal Division-I And Anr.
... Respondents ______________________________________________________ Mr. Sean Wassoodew a/w Mr. Rupesh Mandhare, for Petitioners.
Ms. Jyoti Chavan, Addl.G.P., for Respondents No.1. Mr. Amar Gharte, for Respondent No.2.
______________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ.
DATED : 25 August 2025
P.C.:- 1.
Heard learned counsel for the parties.
2.
Mr. Amar Gharte, the learned counsel for the 2nd Respondent (Society) states that the Share Certificate, in respect of the flat which is the subject matter of this Petition, is presently in the name of Mrs. Jayshree Bhandari, wife of late Dinesh Murlidhar Bhandari. He states that within a week from today, he will furnish Mrs. Bhandari's address to the learned counsel for the Petitioners.
3.
Leave is granted to the Petitioners to implead Mrs. Jayshree Bhandari as the 3rd Respondent in this Petition. Amendment to be carried within one week from the furnishing of the above information.
4.
Upon the amendment being carried out, issue notice to Mrs. Jayshree Bhandari, returnable on 23 September 2025. 5.
Mr. Gharte, the learned counsel for the Respondent No.2-Society, refers to the Interim Application taken out by the Society seeking directions to the Petitioners to deposit Rs.10 lakhs towards society maintenance charges. Mr. Wassoodew, the learned counsel for the Petitioners points out that the dispute in this Petition is about the transfer of the Share Certificate and admission of the Petitioners as the member of the Society. Still, on instructions, and without prejudice to the Petitioners' rights and contentions, he states that the Petitioners are not averse to paying the maintenance
charges to the society upon due verification. He states that the Petitioners will contact the Secretary of the Society within a week from today and upon ascertaining the details, pay the maintenance charges as may be reasonably due within two weeks from today. Mr. Wassoodew points out that it shall be strictly without prejudice. These statements are accepted. 6.
Ms. Jyoti Chavan, learned Addl.G.P. appearing for the 1st Respondent points that if there is Amnesty Scheme, then the dues payable by the Bhandaris would be in the range of Rs.11 lakhs or thereabouts. Mr. Wassoodew states that the Petitioners will make necessary inquiries and he will also obtain instructions about whether the Petitioners would clear such dues, again, without prejudice and subject to recovery of the said amount from the original vendors or their legal representatives.
7.
List the matter on 23 September 2025.
(Jitendra Jain, J) (M.S. Sonak, J.)