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SANDEEP V. MARNE
Neo Builder and Developers – Appellant
Versus
Umesh Kantilal Parikh – Respondent
JUDGMENT :
1. Admit. With the consent of the learned counsel for parties, the appeal is taken up for hearing.
2. The Appeal is filed challenging the order dated 30 October 2018 passed by the City Civil Court partly allowing Notice of Motion No.1476/2018 filed by Respondent Nos. 1 to 4/Original Plaintiffs. By the order impugned in the Appeal, the City Civil Court has restrained the Appellants from alienating or transferring or parting with possession of 5 flats in the new building with the aggregate area equal to 97.97 sq.mtr. The City Civil Court has further directed Defendant Nos.1 and 2 to deposit sum towards temporary alternate accommodation at the rate of Rs.130/-per sq.ft. from the month of April 2018 onwards during pendency of suit or till handing over possession of permanent alternate accommodation.
3. Plaintiffs were occupants and tenants of Room Nos.1, 2, 3 and 8 on 1st floor of the building ‘Mani Bhavan’ situated at 81/83, Nanubhai Desai Road, Girgaon Division, ‘D’ Ward, Mumbai – 400 004. Defendant Nos.1 to 3 are developers who are developing the building ‘Mani Bhavan’.
The developers' readiness and willingness to allot permanent alternate accommodation and the restriction of liability for transit rent till the date of issuance of the part Occupancy Certificate were....
In redevelopment of disputed flats pending title suits, permanent occupants as society members may execute agreements and receive transit rent for hardship; deposit corpus in court; reserve bedroom i....
The main legal point established in the judgment is the mandatory requirements of Section 95-A of the Maharashtra Housing and Area Development Act, 1976, and the need to comply with the terms and con....
A temporary injunction cannot be granted if a similar application has been previously rejected without a substantial change in circumstances, ensuring judicial consistency.
The principle of estoppel applies in cases where a party relies on a promise or representation made by another party, particularly in the context of rehabilitation and eviction under slum development....
Additional Payment – the demand of the Opposite Party for additional payment on account of the alleged increase in Super Area of the Flat was unjustified.
The main legal point established in the judgment is that the respondent is bound to comply with the consent award and make payments under clause 21. The court also emphasized the obligation of the re....
Developers are accountable for possession delays and quality issues under housing agreements, invoking the Maharashtra Ownership of Flats Act and Consumer Protection Act.
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