Hazel Maria Fernandes Thr. Its Poa Henry Dsouza v. T. Bhimiyani Realty Pvt. Ltd And ORS

Neeta Sawant 16-CP-506-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 586 OF 2024 Hazel Maria Fernandes, through its POA, Henry D'souza ....Petitioner : Versus :

T. Bhimyani Realty Pvt. Ltd.

and Ors.

....Respondents Mr. P.G. Lad with Ms. Sayali Apte, for the Petitioner. Mr. Gouresh Mogre, for the Respondents.

CORAM : SANDEEP V. MARNE, J.

Dated :

7 May 2025.

P.C. :

1) Prima-facie, it appears that under Clause-(k) of the Consent Terms dated 1 May 2023, the Respondents have undertaken to reimburse the Petitioner in case any claim is made by any third party in respect of Flat No.1903. Therefore, after disclosure of possession notice issued by ICICI Bank on 19 October 2023, the Respondents would be liable to refund the amounts received from the Petitoner. The learned counsel appearing for the Respondents seeks time to take instrutions as to whether the Respondents are willing to refund the entire amount received from the Petitioner. List the Contempt Petition for further consideration on 19 June 2025.

Digitally signed by NEETA SHAILESH SAWANT Date:

2025.05.07 20:10:45 +0530 NEETA SHAILESH SAWANT [SANDEEP V. MARNE, J.] ____________________________________________________________________ Page No.

1 of Wednesday, 7 May 2025