Magnabella Space vs Ram Mohan Saroj
2024 Latest Caselaw 2747 Bom

Bombay High Court

Magnabella Space vs Ram Mohan Saroj on 30 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                  7-ial-22834-2022.doc

jsn
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                     INTERIM APPLICATION (L) NO.22834 OF 2022
                                       IN
                    EXECUTION APPLICATION (L) NO.22830 OF 2022

       Magnabella Space                                       ...Applicant /
                                                              Petitioner

               Versus

       Ram Mohan Saroj                                        ...Respondent
                                          ----------
       Kausar Bantatwala with Vineet Sawant i/b. Tushar Goradia for the
       Applicant / Petitioner.
       Mr. Akshay Patil with Ms. Devika Medekar, Mr. Mohan Salian and
       Harshita Kotian i/b. MGS Legal for Respondent.
                                          ----------

                                         CORAM : R.I. CHAGLA J.
                                         DATE  : 30TH JANUARY, 2024.
       ORDER :

1. Mr. Akshay Patil the learned Counsel for the Respondent

has submitted that significant progress has been taken place with

regard to the agreement with the new developer and under which

the new developer is making payments to the Judgment Debtor /

Respondent. He states on instructions that as and when payments are

made by the new developer to the Respondent, the same shall be

paid over to the Judgment Creditor towards compliance of the

Consent Terms executed between them. The statement is accepted.

7-ial-22834-2022.doc

2. It is directed that simultaneously upon compliance with

the above statement, the Judgment Creditor shall cancel the

registration of the Development Agreement dated 9th September,

2015 along with the ancillary documents.

3. Mr. Patil has handed over a cheque of Rs.51 lakh to the

Advocate for the Judgment Creditor in Court.

4. It is made clear that all rights and contentions of the

parties are kept open.

5. The matter is stood over to 21st March, 2024.

6. Liberty to the parties to apply for an early date in the

event there is a change in circumstances with regard to the new

developer.

[ R.I. CHAGLA J. ]