Subhash Nagar Srushti Co-Opertive Housing Society Limited v. Gadkari Builders And Associates

1/3 18.CARBP.18.2024.odt E-file

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 18 OF 2024 Subhash Nagar Shrushti Cooperative Housing Society Ltd. ..

Petitioner

Versus

Gadkari Builders & Associates ..

Respondents.

...

Mr. Shailesh Shah, Seniior Advocate with Dibyojyoti, with Anuj Athalye, Gayatri Mane i/b. Legasis Partners, advocate for the Petitioner.

Mr. Manoj Harit, advocate for the Respondent. ...

ARUNA SANDEEP TALWALKAR CORAM: BHARATI DANGRE, J.

DATED : 25th APRIL, 2024 ARUNA SANDEEP TALWALKAR Date: 2024.04.26 20:41:57 +0530 P.C:- 1.

In compliance of the directions issued on 17th April, 2024, the learned Counsel for the Respondent has instructions to make the following statements :

2/3 18.CARBP.18.2024.odt (a) As far as statutory amount due and payabale to MHADA in the sum of approximately Rs. 2.5 Crores(as per the demand notice received) shall be deposited within the timeline prescribed in the demand notice but in any case within 4 weeks from today.

(b) Though taking on record the calculation tendered as regards the arrears of rent, without going into this aspect at this stage, Learned Counsel has instructions to make a statement that an amount Rs. 2 Lakhs towards the arrears of transit rent shall be deposited in the account of each member of the Petitioner Society within 6 weeks from today. (c) Learned Counsel also assured that for clearing the balance as he do not dispute that the developer is in arrears of payment of rent, he shall arrange meeting with the members and try to resolve the issue.

2.

Let this entire exercise be carried out within a period of 6 weeks, simultaneously deposit amount of Rs. 2 Lakhs as undertaken. Though Mr. Shah is not satisfied with the offer, but for the time being he deem it appropriate to accept the said amount without prejudice to the rights of the members

3/3 18.CARBP.18.2024.odt to claim the further amount due and payable as well as to insist for the compliance.

Re-notify to 14th June, 2024.

( SMT. BHARATI DANGRE, J.)