Samartha Development Corporation v. Municipal Corporation Of Greater Mumbai

3. IA 804-24 in EXAL 5358-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 804 OF 2024 IN EXECUTION APPLICATION (L) NO. 5358 OF 2024 Samartha Developers Corporation ...Applicant v/s.

Municipal Corporation of Gr. Mumbai

...Respondent

Mr. Kunal Dwarkadas with Mr. Danish Qureshi i/b Mahimtura and Co. for the Applicant/Judgment Creditor.

Ms. Anuja Tirmali i/b Ms. Komal Punjabi for the Respondent-BMC. Ms. Payal Raut, SE, BP, KW ward present.

CORAM

:

ABHAY AHUJA, J.

DATE :

18th AUGUST 2025 P.C. :

1.

This matter has been listed under the caption "For Compliance". 2.

On 21st July, 2025, after hearing the learned Senior Counsel appearing for the Municipal Corporation, this Court had granted four more weeks' to pay the balance amount of Rs. 2,50,05,943.96 and kept the matter today for further compliance.

3.

When the matter is called out, Ms. Tirmali, learned Counsel appears for the Respondent-Corporation and submits that Mr. Govilkar, learned Senior Counsel is not available today, however, submitting, on Digitally signed by NIKITA YOGESH GADGIL Date:

2025.08.18 15:10:54 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 1/2

3. IA 804-24 in EXAL 5358-24.doc instructions, that the balance amount would be paid to the Applicant within a period of one week. The statement is accepted as an undertaking to this Court.

4.

Let the balance amount with interest be paid within a period of one week.

5.

List on 25th August, 2025 under the caption "For Compliance" on the supplementary board.

6.

It is made clear that if the undertaking as given to the Court is not complied with by the next date, this Court will be constrained to pass order entirely at the peril of the officers of the Corporation. (ABHAY AHUJA, J.) Nikita Gadgil 2/2