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2015 Supreme(Bom) 1877

V.M.KANADE, SHALINI PHANSALKAR JOSHI
Jignesh Shah – Appellant
Versus
Shapoorji Pallonji & Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Aspi Chinoy, Senior Counsel alongwith Mr. J.S. Chandnani for Appellants
Mr. Milind Sathe, Senior Counsel alongwith Mr. Nirav Barot i/b Maneksha Sethna for Respondent No.1
Mr. S.U. Kamdar, Senior Counsel alongwith Mr. R.Y. Sirsikar and Mr. Sandeep Patil for Respondent No.3
Mr. Snehal Shah alongwith Mr. Satyen Vora, Mr. A.T. Suryawanshi i/b Markand Gandhi & Co. for Flat No.1403, registered as Flat No.1503
Ms. Dhruti Kapadia, authorized representative of Flat No.1601

JUDGMENT :

V.M. Kanade, J.

1. Appellant Nos. 1 to 4 are partners of Appellant No.5 Crescent Builders. They have filed this appeal being aggrieved by the order of the learned Single Judge dated 22/01/2015 passed in Court Receiver's Report No.381 of 2014 in Suit No.1512 of 2009. By the said order, the learned Single Judge was pleased to accept the Court Receiver's Report and permitted the Court Receiver to proceed with the sale of 18 unsold flats and pay the sale proceeds thereof in discharge of (a) dues of Defendant No.6 – Corporation, (b) decretal amount of Rs 107 crores payable to the Plaintiff and (c) cost of construction. Secondly, the Municipal Corporation was directed to consider the application dated 03/11/2014 made by M/s Parelkar & Dallas for regularization of areas in the building under construction to bring the same within the sanctioned plan and proceed to regularize the areas, if otherwise permissible in law without insisting upon an upfront prior payment of its share of capitalized value and other consequential reliefs were also granted.

2. Principal contention of the Appellants is that no flat could be sold by the Court Receiver until Occupation Certificate of the buildi











































































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