Nisha D. Saraf And Anr vs Chandulal K. Shah And Anr
2021 Latest Caselaw 10040 Bom

                                                                           5. os a99 219-18 & nma 723-19.doc

R.M. AMBERKAR
(Private Secretary)
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     O.O.C.J.

                                            APPEAL NO. 219 OF 2018
                                                       IN
                                             SUIT NO. 2543 OF 2012

                                                   WITH
                                      NOTICE OF MOTION NO. 723 OF 2019

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

                                               ...................
                       Mr. Ajinkya Mohan Udane a/w Mr. Prathamesh B. Bhargude for the
                        Appellants
                       Mr. Karl Tamboli a/w Ms. Sheetal Shah, Mr. Yazad Udwadia i/by
                        Ms. Mehta & Girdharlal for the Respondents
                                                  ...................

                                                    CORAM               : S.J. KATHAWALLA &
                                                                          MILIND N. JADHAV, JJ.

                                                      DATE              : JULY 30, 2021.

                      P.C.:

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. 2,46,599/-

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5. os a99 219-18 & nma 723-19.doc

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.

2. 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.

[ MILIND N. JADHAV, J. ] [ S. J. KATHAWALLA, J. ] Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date:

2021.07.31 19:13:40 +0530

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