Kanchan Ratesh Budhraja v. Satish Balbir Budhraja

2024:BHC-OS:15193 52 ia 2355 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2355 OF 2024 IN SUIT NO.76 OF 2024 Kanchan Ratesh Budhraja ...

Applicant and Satish Balbir Budhraja ...

Plaintiff versus Kanchan Ratesh Budhraja and Ors.

...

Defendants Mr. Mahadeo Choudhari i/by Mr. Sunil J. Behal, Mr. Ranveer Choudhari, for Applicants/Defendant Nos.1 to 3.

Mr. Rahul Soman with Mr. Suyash More, for Plaintiff. Mr. Abhishek Tnoke i/by Alathea Law LLP for Defendant Nos.4 and 5. Mr. Vishal Kava, for Defendant No.10.

Ms. Krunali B. Shendkar i/by Mr. Ajit Rajgade, for Defendant No.7. Mrs. S.S.Dukhande, Section Officer, Office of Court Receiver, present. CORAM: N.J.JAMADAR, J.

DATE :

30 SEPTEMBER 2024 P.C.

1.

Heard the learned Counsel for the parties.

2.

The applicant/Defendant No.1 has preferred this application seeking directions that the leave and licence fees in respect of suit flat i.e. Flat No.A701, 7th Floor, Ganga Jamuna CHS Ltd., (new name Mirchandani Triton), 17th Road, Near Rajesh Khanna Garden, Santacruz (W), Mumbai - 400 054, be deposited in Court and should not be distributed between the parties and the said proceeds be utilized only for the payment of maintenance charges. 3.

By an order dated 26 October 2023, the Court Receiver was appointed SSP 1/2

52 ia 2355 of 2024.doc to take possession of the suit flat from Defendant No.10 - Developer and then let out the suit flat on leave and licence basis. The Court is informed that the suit flat has yet not been given on leave and licence. 4.

Let the Court Receiver take steps to give the suit flat on leave and licence basis. The licence fees shall be deposited in the suit account after defraying the maintenance charges and/or taxes and other statutory dues. 5.

Interim Application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 03/10/2024 20:00:14