Citation : 2026 Latest Caselaw 5171 Bom
Judgement Date : 15 May, 2026
3-WP-4640-2024 (OS).doc
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.05.15
19:55:02
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 4640 OF 2024
Gurudath Sitaram Rao ...Petitioner
Versus
State Of Maharashtra ...Respondent
__________
Ms. Anita Castellino i/b. Mr. Bruno Castellino, for the Petitioner.
Mr. Milind More, Addl. G.P. for Respondent No.1 - State.
Ms. Oorja Dhond for Respondent Nos.2 and 3 - BMC.
Ms. Sneha Prabhu for Respondent Nos.4 to 7.
Mr. Rubin Vakil a/w Sahil Gandhi a/w Dimple Vora i/b. Markand Gandhi
& Co. for Respondent No.8.
__________
CORAM : ADVAIT M. SETHNA &
SANDESH D. PATIL, JJ.
DATE : 15 MAY 2026
(VACATION COURT)
P.C.:
1. Heard learned counsel for the parties. We have perused the order
dated 17 April 2026. Paragraph 1 of the said order reads thus :-
"1. The learned counsel for Respondent No.8 - Developer, on instructions, submitted that the agreed rent will be paid to the Petitioners on or before 15th May 2026. It is submitted on instructions that every endevour would be made to pay the rent on or before 15th May 2026. However, it is submitted that, in the unlikely event and in case of any difficulty arising, if the same cannot be paid by 15th May 2026, the agreed rent shall, in any case, be paid within an extended grace period of 15 days from 15th May 2026. In such event, the affidavit stating the reasons why the rent was not paid on or before 15 th May 2026 shall have to be placed on record."
2. The learned counsel for the parties agree that the admitted
amount of transit rent to be deposited by the Respondent No.8 is Rs.4.10
3-WP-4640-2024 (OS).doc
Crores.
3. Considering that there would be some interest amount also due
and payable, parties respectively have agreed that in addition to the
amount of Rs.4.10 Crores an amount of Rs.10 Lakhs will also be paid by
Respondent No.8 to the Petitioner. This will be done positively on or
before 19 May 2026.
4. Mr. Vakil would state that the amount of Rs.4.10 Crores along
with additional amount of Rs.10 Lakhs which would be paid by
Respondent No.8 to the Petitioner is for transit rent payable until
October 2025.
5. At this stage, no further orders are required to be passed.
6. List the proceedings in due course.
7. All concerned to act upon an authenticated copy of this order.
[SANDESH D. PATIL, J] [ADVAIT M. SETHNA, J.]
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