Shashikant Damodar Telang And 2 ... vs Forefront Realty Pvt Ltd
2023 Latest Caselaw 11389 Bom

                                                     2. SJ 12-23 in COMSS 39-22.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION

                  SUMMONS FOR JUDGMENT NO. 12 OF 2023
                                 IN
                 COMMERCIAL SUMMARY SUIT NO. 39 OF 2022

Shashikant Damomar Telang and Ors.           ...Plaintiffs
      V/s.
Forefront Realty Pvt. Ltd.                   ...Defendant.

Mr. Gauresh Mogre with Mr. Arya Sapre, Advocate for the Plaintiffs.
Mr. Ashish Kamat, Senior Advocate with Mr. Kausan Banatwala and Mr.
Yash Dhakad i/b Tushar A. Goradia, Advocate for the Defendant.

                            CORAM      :     ABHAY AHUJA, J.

                            DATE       :     6th NOVEMBER 2023
P.C. :
1.       Pursuant     to the order dated 25th October, 2023, Mr. Mogre,

learned Counsel for the Plaintiffs appears and submits that though he

has taken instructions from his clients, however, his clients are not

agreeable to the settlement in view of the terms of the development

agreement dated 4th September, 2014, pursuant to which the members

of the society were entitled to hardship compensation of Rs. 3,000/-

per sq. feet, displacement compensation at the rate of Rs. 70/- per

square feet per month and brokerage of one month's rent for one year.

Learned Counsel would submit that by supplemental agreement draft,

whereof is annexed to the reply, the hardship compensation was

reduced to Rs. 750/- per square feet and that is the grievance of the

Nikita Gadgil 1/2

2. SJ 12-23 in COMSS 39-22.doc

Plaintiffs.

2. Mr. Kamath, learned Senior Counsel for the Defendant has

raised preliminary issue of the maintainability of the suit, drawing the

attention of this Court to the paragraph 23 of the development

agreement dated 4th September, 2014 to submit that any dispute is to

be referred to mediation first and then to the arbitration and therefore,

this Court would not have jurisdiction. Learned Counsel relies upon the

decision of this Court in the case of Girish Mulchand Mehta and

Another Vs. Mahesh S. Mehta and another1

3. Mr. Kamat, learned Senior Counsel points out that after the filing

of the suit and after the filing of the reply and filing of the rejoinder to

the summons for judgment, the supplemental agreement, draft whereof

is annexed to the reply, has been signed in the month of March, 2023.

Learned Counsel seeks to put the same on an affidavit. Copy of the said

signed document has already been furnished to the learned Counsel for

the Plaintiffs. Mr. Mogre seeks some time to take instructions in the

matter. At his request, list on 8th November, 2023.

                                                                                      (ABHAY AHUJA, J.)

                               1      2010 (2) Mh. L. J. 657


                               Nikita Gadgil                                                                   2/2

Signed by: Nikita Gadgil
Designation: PA To Honourable Judge
Date: 07/11/2023 11:20:12