Bombay High Court
Anjana Rajesh Gupta vs Labharti Realties on 25 October, 2023
Bench: Shri Arif Doctor
1 (907) APPL-29380.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) NO.29380 OF 2023
Anjana Rajesh Gupta : Appellant
Vs.
M/s. Labharti Realities and ors. : Respondents.
WITH
INTERIM APPLICATION (L) NO.29603 OF 2023
IN
APPEAL (L) NO.29380 OF 2023
-----
Advocate Sindhu Kotian a/w Advocate Venkat Rao and Advocate
Akash Gaonkar i/by Legalserve and Associates for the
Appellant/Applicant.
Mr. Mayur Khandeparkar a/w Mr. Vkramjit Garewal, Mr. Manthan
Unadkat, Mr. Kaustubhy Patil and Mr. Roshan Sawant i/by Mr.
Kaustubh Patil for Respondent No.1.
Mr. Nikhil Sakhardande, Senior Advocate, a/w Advocate Chaula
Solanik, Advocate H. H. Nagi and Advocate Niranjana i/by Nagi
Associates for Respondent No.2.
Advocate J. J. Shah a/w Advocate Priti S. Merchant for
Respondent No.3.
Mr. Jitendra Sorap for Respondent No.4.
Ms. Mansha Bhatia a/w Ms. Suman Gupta for Respondent Nos.19
and 20.
Mr. Nirav Batavia, partner of Respondent No.1 present.
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CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE : 25th OCTOBER, 2023
P.C. :
1. The present Appeal impugns an Order dated 9 th
October 2023 by which the Learned Judge has directed as
follows :-
"(e) Respondent Nos.16 and 18 are directed to handover
vacant possession of flat No.A-101 to the petitioner
within two weeks from today. The petitioner shall
deposit the monetary benefits under the
development agreement in respect of the said flat
with the Prothonotary and Senior Master of this
Court.
(f) Respondent Nos.16 to 18 would be at liberty to
obtain appropriate orders from competent Court of
law in respect of such benefits and upon an order
being produced before the Prothonotary and Senior
Master of this Court, in that regard, the amount
alongwith interest, shall be disbursed to any of the
said respondents, who is able to produce such an
order."
2. Appellant is original Respondent No.16. There is an
inter se dispute between the Appellant and Respondent No.4,
who is original Respondent No.18, as to who is in physical
possession of the said flat being Flat No.A-101 and,
consequently therefore as to who would be entitled to payment
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of transit rent as also other amounts more particularly
mentioned in the said Development Agreement.
3. Both Learned Counsel have asserted title to the said
flat and consequently also to the entitlement of the transit rent.
However, for the purpose of payment of transit rent it is well
settled, as has been held by this Court in catena of judgments,
including the order passed by this Bench in the case of Vipul
Fatechand Shah Vs. Nav Samir Cooperative Housing
Society & ors. [Commercial Appeal (L) No.25162 of 2023],
that the person from whom the possession of the flat has been
taken, would be entitled to transit rent as also other benefits
under the Development Agreement.
4. In view of the aforesaid controversy, as to who is in
possession of the said flat, we deem it fit to appoint Mr.Sharad
Bansal, who is a practicing advocate in this Hon'ble Court, as a
Court Commissioner to visit the said flat and ascertain as to
whether the said flat is in possession of the Appellant or
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Respondent No.4. The details of Advocate Sharad Bansal are as
follows:-
Mr.Sharad Bansal
Mobile No.9971246373
E-mail Id - [email protected]
Address : 1D, Lentin Chambers, Dalal Street,
Fort, Mumbai-400 001.
5. We make it clear that fees of Rs.5000/- shall be paid
to the Court Commissioner by the Appellant for undertaking this
exercise.
6. Stand over to 27th October 2023.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
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