Bombay High Court
Anita Rajinder Rishi vs Deepak Pandurang Pawar And Anr on 20 October, 2022
Bench: B.P. Colabawalla
p1.ial.24345.22..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ANJALI Digitally
by ANJALI
signed INTERIM APPLICATION(L) NO. 24345 OF 2022
TUSHAR TUSHAR ASWALE
Date: 2022.10.22
ASWALE 16:16:17 +0530
IN
COMM. EXECUTION APPLICATION NO. 252 OF 2019
IN
SUMMONS FOR JUDGMENT NO. 39 OF 2017
IN
COMMERCIAL SUIT NO. 140 OF 2017
Anita Rajinder Rishi ..Applicant/Plaintiff
Vs.
Deepak Pandurang Pawar & Anr ..Respondents/Defendants
Mr.Prathamesh Kamat a/w Ms.Nakul Jain, Ms. B. Ramakrishnan i/b
Akash Menon, for the Applicant.
Mr. Prithviraj S. Gole i/b Sandesh Patil, for SRA.
CORAM:- B. P. COLABAWALLA,J.
DATE :- OCTOBER 20, 2022.
P. C.:
Not on Board. Taken on Board.
2 The above Chamber Summons is filed seeking the following
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p1.ial.24345.22..doc
reliefs:-
a) "Direct Respondent No.2 to disclose on Affidavit: (i) details of
any new developer appointed/to be appointed in relation to the
said project being developed on the Subject Property as per the
SRA Order; (ii) details of the Government approved valuer
appointed/to be appointed to determine valuation as per the SRA
Order; and (iii) amount determined by the said Government
approved valuer in relation to the said project being developed
on the Subject Property;
b) Direct Respondent No.2 to direct the new Developer
appointed/to be appointed to deposit the amount payable by it to
Respondent No.1 under SRA Order dated 6 th October, 2021, in
this Hon'ble Court;
c) Restrain Respondent No.1 from receiving, encashing or
utilizing any amount received/ to be received from the new
developer appointed/to be appointed under the SRA order dated
6th October, 2021."
3 For the time being, Mr. Kamat, the learned counsel
appearing on behalf of the Applicant, presses the above Interim
Application for urgent ad-interim reliefs in terms of prayer clause (a)
reproduced above. This prayer basically seeks certain directions against
Respondent No.2 who is the Chief Executive Officer- Slum
Rehabilitation Authority ("the SRA"). Respondent No.2 is represented
by an advocate today.
4 The learned counsel appearing on behalf of Respondent
No.2 has stated that the Judgment Debtor and who was a developer of
an SRA project, has been removed and in it's place, a new developer has
been appointed. There is also an order of the SRA directing the new
developer to pay certain amounts to the Judgment Debtor after the
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p1.ial.24345.22..doc
valuation is done of the work that the Judgment Debtor has already
completed. He submitted that all details with relation to the
appointment of the new developer, Valuer appointed by the SRA and the
amount determined by the said Valuer in relation to the project being
developed on the subject property, will be disclosed to the Court in an
affidavit, as soon as the Government Valuer completes his valuation and
submits his report. He submitted that this affidavit shall also be
immediately served on the advocates for the Applicant.
5 Considering the statement made by the learned counsel
appearing on behalf of the SRA, and which is accepted as an
undertaking given to this Court, no further orders are necessary as on
today.
6 Stand over to 17th November, 2022 "for directions".
7 This order will be digitally signed by the Private
Secretary/Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
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