Bombay High Court
Labh Siddhi Co-Operative Housing ... vs Slum Rehabilitation Authority on 30 August, 2024
Author: M S Sonak
Bench: M. S. Sonak
Labh Siddhi Co-operative Housing Society Limited v
2024:BHC-OS:13384-DB
Slum Rehabilitation Authority and ors.
904.wp.1205-2024.doc
Pradnya
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1205 OF 2024
1. LABH SIDDHI CO-OPERATIVE HOUSING
SOCIETY LIMITED,
a co-operative housing society
registered under the Maharashtra
Co-operative Societies Act, 1960,
having address at St. Xavier's High
School Road, Vile Parle West,
Mumbai - 400 056. ...PETITIONER
~ versus ~
1. SLUM REHABILITATION AUTHORITY,
Administrative Building, Anant
Kanekar Marg, D Block BKC,
Naupada, Bandra (East),
Mumbai - 400 051.
2. SHIVSHAHI PUNARVASAN PRAKALP
LIMITED,
a government undertaking company
incorporated under the Companies
Act, 1956, having office at 5th Floor,
Grihnirman Bhavan, Bandra (East),
Mumbai - 400 051.
3. OMKAR REALTORS AND DEVELOPERS,
having office at Omkar House, near
Sion Chunabhatti signal, Sion,
Mumbai - 400022 ...RESPONDENTS
Page 1 of 5
Labh Siddhi Co-operative Housing Society Limited v
Slum Rehabilitation Authority and ors.
904.wp.1205-2024.doc
A PPEARANCES
FOR THE PETITIONER Mr Mukesh Vashi, Senior
Advocate, with Mr Jaineel
Vashi, i/b M. P. Vashi &
Associates.
FOR RESPONDENT NOS.1 AND Mr Jagdish G. Aradwad (Reddy).
2
FOR RESPONDENT NO.3 Mr Shakeeb Shaikh, with Mr
Noorain Patel, i/b
Diamondwala & Co.
CORAM : M. S. Sonak &
Kamal Khata, JJ.
DATED : 30th August 2024
ORAL JUDGMENT (Per M S Sonak J):-
1. Heard learned counsel for the parties.
2. Rule. The rule is made returnable immediately at the
request of and with the consent of learned counsel for the
parties.
3. The Petitioner Society is the owner of the building,
which comprises, among other things, 11 apartments handed
over to the first and second respondents (SPPL) on account of
the terms and conditions in the SRA development scheme and
the Letter of Intent issued to the Petitioner/Developer.
Labh Siddhi Co-operative Housing Society Limited v
Slum Rehabilitation Authority and ors.
904.wp.1205-2024.doc
4. Shivshahi Punarvasan Prakalp Limited ("SPPL"), in turn,
leased these 11 apartments to the third Respondent.
5. The Petitioner complains that its maintenance dues,
which have reached Rs.35,24,133/--, are not being paid by
either SPPL or the third Respondent. At the time of the
institution of this Writ Petition, the Society's dues were
Rs.25,23,525/-. Accordingly, we required the Respondents to
respond to the Petitioner's claim.
6. The third Respondent has now handed over possession
of 9 out of the 11 apartments leased to it to Respondent Nos.1
and 2. This position is accepted. The third Respondent has
also deposited Rs.41,00,000/-- in this court in terms of the
directions made by this Court.
7. The Petitioner-Society has handed over the possession of
the 11 apartments to the 2nd Respondent. As such, it is the
primary responsibility of the 2nd Respondent to pay the
Society dues, maintenance charges, etc., in respect of these 11
apartments. After that, it is for the 2nd Respondent to recover
such an amount if they so choose from their lessees. However,
there cannot be a situation where neither the 2nd Respondent
nor its lessees pay the Society dues and maintenance charges.
Therefore, hereafter, the 2nd Respondent must regularly pay
the Society dues.
Labh Siddhi Co-operative Housing Society Limited v
Slum Rehabilitation Authority and ors.
904.wp.1205-2024.doc
8. Accordingly, from out of the amount of Rs.41,00,000/-
deposited by the 3rd Respondent in this Court, the Petitioner
Society is permitted to withdraw the amount of
Rs.35,24,133/- towards the Society's dues. The balance of
Rs.5,75,867/- can be withdrawn by the 2nd Respondent after
furnishing bank details to the Registry. The Registry must
transfer this amount to the 2nd Respondent's bank account
within two weeks of receiving the bank details. The Petitioner
should also indicate bank details to the Registry, and the
Registry should, within two weeks of receiving the bank
details, transfer this amount into the Society's account.
9. Mr Reddy, learned counsel for the 1st and 2nd
Respondents, states that the 1st and 2nd Respondents dispute
the correctness of the demand of Rs.35,24,133/-. Accordingly,
we clarify that the withdrawal of this amount of
Rs.35,24,133/- shall be without prejudice to the rights and
contentions of the 1st and 2nd Respondents.
10. The 3rd Respondent will be entitled to credit for
Rs.41,00,000/- deposited in this Court. Accordingly, if the 1st
and 2nd Respondents initiate proceedings to recover their
dues against the 3rd Respondent, this aspect must be
considered.
11. Mr Reddy submits that the 3rd Respondent is due and
liable to pay Rs.1,64,04,265/-- towards arrears of rent and
other charges up to July 2024. Mr Shaikh learned counsel for
Labh Siddhi Co-operative Housing Society Limited v
Slum Rehabilitation Authority and ors.
904.wp.1205-2024.doc
the 3rd Respondent, disputes this position. He states that the
3rd Respondent is due and payable only Rs.29,54,000/-- to
the 1st and 2nd Respondents.
12. Mr Shaikh states that possession of nine apartments has
already been handed over to the first and second
Respondents, and in 2019 itself, the third Respondent had
written to the second Respondent about the eviction of the
unauthorised occupants in the remaining two apartments.
13. All contentions inter se between the 1st and 2nd
Respondents on one hand and the 3rd Respondent on the
other are kept open and are not adjudicated in this Writ
Petition. Accordingly, the 1st and 2nd Respondents can take
out appropriate proceedings against the 3rd Respondent if
they choose. Similarly, all defences, rights and contentions of
the 3rd Respondent, in case such action is initiated or
otherwise, are left intact.
14. The Writ Petition is disposed of in the above terms
without any order for costs.
(Kamal Khata, J) (M. S. Sonak, J)
Signed by: Pradnya Bhogale
Date: 31/08/2024 12:19:41
