Maharashtra Housing And Area Development Authority v. Pinky Skyscrapers Real Estate Llp Limited And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 103 OF 2022 Maharashtra Housing And Area Development Authority ...Plaintiff V/S.

Gold Finger Realty Investors Pvt. Ltd And Anr ...Defendants INTERIM APPLICATION NO.1624 OF 2022 SUIT NO.103 OF 2022 SUIT NO.71 OF 2022 NOTICE OF MOTION (L) NO.460 OF 2018 SUIT NO.71 OF 2022 CHAMBER SUMMONS NO.1292 OF 2018 SUIT NO.71 OF 2022 NOTICE OF MOTION NO.2431 OF 2019 SUIT NO.71 OF 2022 Digitally signed by NIKITA YOGESH GADGIL Date:

2024.11.18 19:02:44 +0530 NIKITA YOGESH GADGIL SUIT NO.755 OF 2019 INTERIM APPLICATION (L) NO.28759 OF 2023 SUIT NO.755 OF 2019 NOTICE OF MOTION NO.1300 OF 2019 SUIT NO.755 OF 2019 NOTICE OF MOTION NO.2420 OF 2019 SUIT NO.755 OF 2019 Nikita Gadgil 1/5

SUIT NO.104 OF 2022 INTERIM APPLICATION NO.1587 OF 2022 SUIT NO.104 OF 2022 SUIT NO.1097 OF 2019 NOTICE OF MOTION NO.2289 OF 2019 SUIT NO.1097 OF 2019 NOTICE OF MOTION NO.2340 OF 2019 SUIT NO.1097 OF 2019 CHAMBER SUMMONS NO.1291 OF 2018 SUIT NO.1097 OF 2019 INTERIM APPLICATION NO.618 OF 2024 SUIT NO.1097 OF 2019 SUIT NO.118 OF 2022 INTERIM APPLICATION NO.1728 OF 2022 SUIT NO.118 OF 2022 SUIT NO.1086 OF 2018 NOTICE OF MOTION NO.1767 OF 2018 SUIT NO.1086 OF 2018 SUIT NO.138 OF 2022 INTERIM APPLICATION NO.1865 OF 2022 Nikita Gadgil 2/5

SUIT NO.138 OF 2022 CHAMBER ORDER NO.21 OF 2024 SUIT NO.138 OF 2022 SUIT NO.168 OF 2020 NOTICE OF MOTION NO.106 OF 2020 SUIT NO.168 OF 2020 NOTICE OF MOTION NO.2379 OF 2019 SUIT NO.168 OF 2020 CHAMBER SUMMONS NO.1284 OF 2018 SUIT NO.168 OF 2020 Ms. Manisha Jagtap, Advocate for the Plaintiff - MHADA in all Suits. Mr. Sandeep Dubey i/b Mr. Piyush Deshpande, Advocate for the Defendant No.4 in all Suits.

Mr.Mani Thevar i/by Ganesh and Company, Advocate for the Plaintiff in Suit No.71 of 2022.

Mr. Vishal Pattabiraman a/w Solomon Mathi i/b Ms. Rucha Jog, Advocate for the Plaintiff in Suit No.755 of 2019 and for the Defendant No.1 in Suit No.103 of 2022.

Mr.Anil Mishra, Advocate for the Defendant no.1 in Suit No.118 of 2022.

Mr. Chirag Kamdar i/b Wadia Ghandy & Co., Advocate for the Plaintiff in Suit No.1097 of 2019 and for Defendant No.1 in Suit No.104 of 2022.

Mrs. Dorcas Jones-Representative of Defendant No.1.

CORAM

:

ABHAY AHUJA, J.

DATE :

18th NOVEMBER 2024 Nikita Gadgil 3/5

P.C. :

1.

Pursuant to the earlier orders of this Court, today when the matters are called out, Ms. Jagtap, learned Counsel appears for the Plaintiff-MHADA and submits that the discussion on the draft of the consent terms is still going on between the MHADA and the State of Mahrarashtra and that considering that the polling for the State election is day after tomorrow, this Court may suitably adjourn the matter.

2.

Learned Counsel appearing for the Respondents-Developers submit that the developers have been waiting for quite a long time despite a communication from the MHADA to the State Government dated 9th March, 2023, which has already been recorded by this Court and which state that the outstanding payments would be made along with 9% interest, no payment has been made and the interest is going on mounting and the developers are finding it difficult to undertake their other projects for want of funds. This Court's attention is also drawn to a communication dated 13th July, 2023 from MHADA to one of the developers, which states that the amount paid would be returned along with 9% simple interest.

Nikita Gadgil 4/5

3.

However, since the request has been made by Ms. Jagtap on the ground of the impending polls, list this matter on 15th January, 2025. 4.

Let the Government Pleader of the State of Maharashtra also remain present in the Court with concrete instructions as to when the developers would be paid in accordance with the two communications dated 9th March, 2023 and 13th Jul, 2023.

(ABHAY AHUJA, J.) Nikita Gadgil 5/5