Nisha D. Saraf And Anr vs Chandulal K. Shah And Anr
2021 Latest Caselaw 11242 Bom

          Digitally signed by
SWAROOP   SWAROOP
SHARAD    SHARAD PHADKE
          Date: 2021.08.19
PHADKE    18:52:45 +0530
                                                                           8 app 219 of 2018.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                          APPEAL NO.219 OF 2018
                                   IN
                           SUIT NO.2543 OF 2012

Nisha D. Saraf and Anr.                                              ...      Appellants
      Versus
Chandulal K. Shah and Anr.                                           ...    Respondents

Mr. Vishal V. Kanade i/by Sagar A. Rane, for Appellants.
Mr. Karl Tamboly with ms. Sheetal Shah i/by Mehta and Girdharlal for Respondents.
Mr. Deepak B. Saraf, Appellant No.2 present.
                                CORAM:   S.J. KATHAWALLA &
                                         MILIND N. JADHAV, JJ.

                                DATE:    18th AUGUST, 2021

P.C.:

1. The learned Advocate appearing for the Appellants tenders draft

amendment and seeks to amend the memo of Appeal. Draft amendment is taken on

record and marked 'X' for identification. The Advocate for the Appellants is allowed

to carry out amendment to the memo of the Appeal within a period of one week from

today. Re-verification is dispensed with.

2. On 30th July, 2021 this Court passed the following order :

"Respondents filed a Suit bearing No. 2543 of 2012 seeking specific performance of the agreement executed by and between the Appellants and the Respondents. By Judgment and Order dated 04.09.2017, the suit was decreed in favour of the Respondents. Though the Appellant has lost the matter, in view of the pending Appeal he has continued to stay with his family members in the suit flat. However, since long he has stopped paying the maintenance charges to the society because of which an amount of Rs.

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                                                                                8 app 219 of 2018.doc

2,46,599/- has become due and payable to the society as on 02.07.2021. This conduct on the part of the Appellants is unacceptable. The Appellant cannot continue to stay in the flat despite a decree being passed against him, without paying the monthly maintenance charges to the society. Today, both the Appellants through their learned Advocate undertake to pay the entire arrears of maintenance to the Society on or before 18.08.2021. They further state that if they breach the above undertaking, the Court Receiver, High Court, Bombay may stand appointed as Receiver of the suit flat with power to take possession of the said flat from the Appellants including taking forceful possession of the flat. The undertaking/statement is accepted. In view thereof, stand over to 18th August, 2021. To be placed First on Board."

3. Today the learned Advocate for the Appellants states that the above

order has been complied with and an amount of Rs.2,50,000/- is paid to the Society.

The Appellants through their Counsel further undertake to regularly pay the monthly

maintenance charges raised on them by the Society on or before the due date set out in

the bill/invoice. The undertaking is accepted. All contentions of the parties are kept

open including the right of the Appellants to seek refund of the amount paid to the

Society by filing necessary proceedings before the appropriate authority.

4. Place the above Appeal for hearing and final disposal on 16 th September,

2021 at 2.30 p.m.

( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. )

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