Bombay High Court
M/S.Kabra Estate And Invest. ... vs Dr.Ramesh Keshav Jadhav And Anr on 5 April, 2021
Bench: P. K. Chavan
1 14-IAST 6766-21 in FAST 93668-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (STAMP) NO.6766 OF 2021
IN
FIRST APPEAL (STAMP) NO.93668 OF 2020
M/s. Kabra Estate & Investment Consultants ] ...Applicant
In the matter between :
M/s. Kabra Estate & Investment Consultants ]
& Anr. ] ...Appellants
Versus
Dr. Ramesh Keshav Jadhav & Anr. ] ... Respondents
Mr. Dharam Jumani a/w Mr. Kiran Mohite & Mr. Mihir Nerurkar i/b
Mrs.Ishita Shah for Applicant / Appellants.
Dr. Ramesh Keshav Jadhav, Respondent No.1, present in person.
CORAM :- PRITHVIRAJ K. CHAVAN, J.
DATE :- 05 APRIL, 2021
P. C. :-
1. Heard Mr. Dharam Jumani, learned Counsel for the Applicant
/ Appellants and Dr. Ramesh Keshav Jadhav - Respondent No.1.
2. By the impugned Judgment and Decree, the learned City Civil
Court passed the following order which reads thus :
URS 1 of 3
2 14-IAST 6766-21 in FAST 93668-2020.odt
"1. Suit No.1371 of 2014 is partly decreed in following terms.
(i) The defendant No.1 shall provide alternate accommodation
to the plaintiff in terms of redevelopment agreement dated
17/02/2010 and as per Special General Meeting of
defendant No.2 dated 12.12.2010 with stilt parking as per
plaintiff's share, in lieu of old tenement No.211 in building
No.10, within two months from the date of decree.
(ii) The defendant No.1 shall pay Rs.20,000/- (Rupees Twenty
Thousand Only) p.m. towards monthly rent from March,
2014 with 10% and 15% addition as per clause (q) in
redevelopment agreement with simple interest at the rate of
10% per year till the date of giving possession of alternate
accommodation.
(iii) The defendant No.1 shall pay Rs.5,00,000/- (Rupees Five
Lakhs Only) towards corpus fund as per clause (p) in
redevelopment agreement with simple interest at the rate of
10% per annum from the due dates as per clause (p) till
realization of amount.
(iv) The defendant No.1 shall pay Rs.10,000/- (Rupees Ten
Thousand Only) towards shifting charges as per clause (r) in
redevelopment agreement with simple interest at the rate of
10% per annum from 03/01/2014 till realization of amount.
(v) The defendant No.1 shall execute individual agreement (in
terms of clause 30 of redevelopment agreement) with
plaintiff within two months from the date of decree.
2. Suit is dismissed against defendant Nos.2 and 3.
3. Considering facts, parties to bear their own costs.
4. The books produced by plaintiff with list Ex.16 be returned
to the plaintiff after appeal period of over.
5. Two minute books of defendant No.2 society be returned to
the Secretary of defendant No.2 society on due identification, after
appeal period is over.
6. Decree be drawn accordingly."
URS 2 of 3
3 14-IAST 6766-21 in FAST 93668-2020.odt
3. Learned Counsel for the Appellant undertakes to deposit the
entire amount as directed by the impugned Judgment and Decree and
annexed along with table (Exh.G) in the Court within 4 weeks. The
statement is accepted.
4. Subject to deposit of the said amount, there shall be interim
stay to the execution of the impugned Judgment and Decree.
5. Stand over to 07/06/2021.
(PRITHVIRAJ K. CHAVAN, J.)
URS 3 of 3
