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 Digitally signed by ARTI VILAS KHATATE Date:

2025.01.15 19:50:49 +0530 SUIT NO.71 OF 2022 ARTI VILAS KHATATE NOTICE OF MOTION NO.2431 OF 2019 SUIT NO.71 OF 2022 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 1/6

NOTICE OF MOTION NO.2420 OF 2019 SUIT NO.755 OF 2019 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 2/6

INTERIM APPLICATION NO.1865 OF 2022 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. Piyush Deshpande, Advocate for the Defendant No.4 in all Suits (through Video Conferencing).

Ms.Neelima S. Kirve i/b 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.Karl Tamboly 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. Ms.Manjiri Parasnis, Advocate for the Applicant in NMS/2420/2019. Ms.Jyoti Chavan, Additional GP for the State. 3/6

CORAM

:

ABHAY AHUJA, J.

DATE :

15th JANUARY 2025 P.C. :

1.

This matter was kept back in the morning session as the Government Pleader who was directed to remain present by order dated 18th November 2024 was not available at that time. 2.

In the afternoon session, when the matter is called out, this Court is informed that the Government Pleader was indeed here but she had to rush for another pressing matter and is therefore not available at the moment. However, this Court is informed that the Additional Government Pleader Ms.Jyoti Chavan, who has also been briefed in the matter, is on her way to attend to this matter. 3.

Ms.Jagtap, learned Counsel, who appears for Maharashtra Housing and Area Development Authority ("MHADA") submits that she has already, using her good offices, got the MHADA officials to write a mail to some of the developers that a meeting would be held between the representatives of the developers who had deposited money with Guru Ashish Construction along with the representatives of the State 4/6

Government so as to finalize the payments to be made to the developers in pursuance of communications dated 9th March 2023, 10th March 2023 and 13th July 2023.

4.

Mr.Karl Tamboly, learned Counsel, appearing for one of the developers submits that once it has been communicated to the developers that the amounts deposited with Guru Ashish Construction would be repaid with interest at the rate of 9% from the date of deposit, the question of a meeting should not arise. 5.

It is pointed out to this Court that the date and time of the meeting would be fixed as per mutual convenience. Ms.Jagtap submits that the tentative date of the meeting would be around 29th January 2025.

6.

Considering the aforesaid submissions, this Court is of the view that the matter be listed on 5th February 2025. 7.

As soon as the order is dictated, Ms.Jyoti Chavan, learned Additional Government Pleader, has reached the Court room and submits that she will vigorously follow up with the State Government 5/6

and that the Principal Secretary of the Housing Department would also remain present in the said meeting.

(ABHAY AHUJA, J.) 6/6