Era Realtors Private Limited v. Chanchal Rastogi And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8720 OF 2024 Era Realtors Private Limited
...Petitioner
Versus
Chanchal Rastogi And Ors
...Respondents
....
Adv. Shakeeb Shaikh a/w Adv. Huda Diamondwala i/by Diamondwala & Co., for the Petitioner.
Ms. V. R. Raje, A.G.P. for the Respondent - State. Mr. Aseem Naphade a/w Mr. Sulaiman Bhimani i/by The Law Suits for the Respondent Nos. 1 to 3.
....
CORAM
:
AVINASH G. GHAROTE, J.
DATE :
12th JULY, 2024 P.C.
:
1.
The learned counsel for the petitioner, in pursuance to the order dated 24.06.2024, has handed over to the learned counsel for the respondent Nos.1 to 3 before the Court, the key to Flat No. D-1006, which is the subject matter of the petition, Digitally signed by TALLE SHUBHAM ASHOKRAO Date:
2024.07.15 10:59:26 +0530 the receipt of which is acknowledged by him. Thus, the TALLE SHUBHAM ASHOKRAO undertaking regarding delivery of possession as recorded in the order dated 24.06.2024, stands complied with. The learned
counsel for the respondent Nos.1 to 3 upon instructions, undertakes to file an undertaking during the course of the day that an amount of Rs.50,62,298/- which according to him is the balance amount of the consideration of the apartment, would be paid by them within a period of 6 weeks from today. The undertaking shall be placed on record.
2.
The learned counsel for the petitioner submits that the aforesaid amount is not the balance amount of the consideration but is something more. That however cannot be gone in this petition as it is not the subject matter herein. 3.
The learned counsel for the petitioner submits that the application for condonation of delay in filing the application of Review of the order dated 07.02.2024, has been closed by the Maharashtra Real Estate Regulatory Authority, Mumbai, for orders considering which, he requests disposal of the petition by continuing the protection granted by the order dated 22.05.2024, till the time the application for delay is decided. Learned counsel for the respondent Nos. 1 and 2 does not object to this course, considering which, the petition is disposed off by continuing the protection dated 22.05.2024, till the application for condonation
of delay which is closed for order, is decided. (AVINASH G. GHAROTE, J.)