The City And Industrial Development Corporation Of Maharashtra v. Dkb Builder Pvt Ltd
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 84 OF 2024 IN WRIT PETITION NO. 688 OF 2023 The City and Industrial Development Corporation ...Applicant/ of Maharashtra Limited Review Petitioner
IN THE MATTER BETWEEN:
M/s. DKB Builders Pvt Ltd & Anr
...Petitioners
Versus
The City and Industrial Development Corporation
...Respondents
of Maharashtra Limited & Ors Mr Chetan Kapadia, Senior Advocate, with Vidhish Rohira Soham Bhalerao, i/b DSK Legal, for the Petitioners. SHEPHALI SANJAY MORMARE Mr RD Soni, with VR Kasle & Tushar Momaiyah, i/b Ram & Co, for the Respondents/Orig. Petitioners.
by SHEPHALI SANJAY MORMARE Date: 2025.01.15 19:06:40 +0530 Mr Vinu Nair, Marketing Manager, for CIDCO-Company Representative .
Mr Dharnesh C Shah, with Hemanshu M Shah, Directors/Orig. Petitioners, present.
CORAM:
DEVENDRA KUMAR UPADHYAYA, CJ & ARIF S. DOCTOR, J DATED:
14TH JANUARY 2025 PC:- 1.
After the Review Petition was argued at some length, Learned Counsel, on instructions from the authorised representatives of their respective clients,
who are present in Court submitted that they were agreeable that the Review Petition could be disposed of on the following terms: (a) The Respondent has agreed to make payment of the following amounts within a period of four weeks, i.e., on or before 11th February 2025 as delayed payment charges, viz.: (i) A sum of Rs. 44,62,577.24 (Rupees Forty Four Lakhs Sixty Two Thousands Five Hundred Seventy Seven and Twenty Four Paisa only in respect of Plot No. 99; and (ii) A sum of Rs. 37,02,912.74 (Rupees Thirty Seven Lakhs Two Thousand Nine Hundred Twelve and Seventy Four Paisa only) in respect of Plot No. 98. (b) The Petitioner undertakes that the Petitioner shall, within a period of two weeks from the receipt of the said amounts, execute the Lease Deeds in respect of both plots and hand over peaceful and vacant possession of the said plots to the Respondents.
(c) The aforesaid undertaking is accepted as an undertaking to the Court.
2.
The Review Petition is thus disposed of on the above terms. 3.
We make it clear that this order has been passed in the peculiar
facts and circumstances of the present case and by consent of the parties and shall not operate as a binding precedent in any other future dispute of a similar nature, which may arise. (ARIF S. DOCTOR, J) (CHIEF JUSTICE)