Bombay High CourtCOMAP/64/2024disposed off

Vinayak Ramchandra Pitkar v. Pinak Bharat And Co

2025-02-11Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar2 pages

ssd Before: Mrs. P. P. Bhaidkar, Master & Asstt. Prothonotary (Judl.) Date : 11th February, 2025 CALLED FOR DIRECTION:

1. COMAP/64/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mahadik Rohit Prakash, Advocate for Appellant. [Original] (AMH20240004581C202 400004) P. C. : 1. Pursuant to the Order dated 09.10.2024 and as per direction of the Learned Prothonotary & Senior Master, the above matter was placed before me on 23.01.2025 for verifying the Agreements for Permanent alternate accommodation of Tenants/Occupants mentioned in chart Annexure C to the Consent Terms. On 23.01.2025, the Agreements of Permanent Alternate Accommodation in respect of Tenants/ Occupants at Sr. Nos. 1, 2, 3, 5, 6, 7 have been verified and the office was directed to take steps for releasing their amount of transit rent. In respect of Tenant / Occupant at Sr. No.4 Mr. Sunil Janardhan Nachne, the matter is placed today for verifying Permanent Alternate Accommodation.

2. The Ld. Advocate for Applicant tenders Original Agreement for permanent Alternate Accommodation dated 03.07.2010 executed by the developer Respondent No.3 in favour of Sunil J. Nachne and Brothers. In Para 4 of the Agreement, names of persons residing with Tenant are mentioned which includes two brothers of Tenant Mr. Sudhir J. Nachne.

The learned Advocate for Appellant states that Subodh J. Nachane has expired on 26.10.2024

Contd.. ..2/- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) leaving behind him Jyotsna Subodh Nachane, widow, Madhura Sumedh Sawant, married daughter and Bhushan Subhodh Nachane, son, as his legal heirs. The said legal heirs have given their No Objection by filing joint affidavit dated 27.01.2025 for transferring the amount of transit rent as mentioned in the Consent Terms dated 09.10.2024 in favour of Mr. Sunil J. Nachne. The other Brother viz.

Sudhir Janardan Nachane has also given his no objection by filing Affidavit dated 29.01.2025 for transferring the amount of transit rent in Bank account of Sunil. J. Nachane.

1. COMAP/64/2024 [Original] (AMH20240004581C2 02400004)

3. The Original Agreement dated 03.07.2010 is registered vide No. BBE/36732/2010 on 03.07.2010 before the Joint Sub Registrar, Mumbai City No.3. Original Agreement is returned to the Advocate for the Appellants.

He undertakes to submit a copy of the said Agreement to the Registry. The Original Affidavit cum No Objections filed by the legal heirs of Mr. Subodh J. Nachane and the Affidavit of Mr. Sudhir J. Nachne are taken on record.

4. In view of the above, Office is directed to take steps for transferring the amount of transit rent in account of Sunil J. Nachne as per Order dated 09.10.2024.

Master & Asstt. Prothonotary (Judl.) 11.02.2025