Harshad Shah vs Labharti Realties - 2023 Supreme(Online)(Bom) 26611

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2023 Supreme(Online)(Bom) 26611

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DEVENDRA KUMAR UPADHYAYA, CJ, ARIF S. DOCTOR, J
Harshad Shah – Appellant
Versus
Labharti Realties – Respondent

Advocates appeared:
Mr. Naushad Engineer a/w Mr. Sebin Michael Joseph a/w Mr. Prathmesh Seth i/by SMJ Legal for the Appellant.
Mr. Mayur Khandeparkar a/w Mr. Vikramjit Garewal, Mr. Manthan Unadkat, Mr. Kaustubh Patil and Mr. Roshan Sawant i/by Kaustubh Patil for Respondent No.1.
Mr. Nikhil Sakhardande, Senior Advocate a/w Chaula Solanki a/w H. H. Nagi a/w Niranjana i/by Nagi Associates for Respondent No.2.
Ms. Mansha Bhatia a/w Suman Gupta for Respondent Nos.3 and 4.
Ms. Sindhu Kotian a/w Akash Gaonkar a/w Venkat Rao i/by Legalserve and Associates for Respondent No.19.
Mr. Harihar Bhave a/w Ms. Rupa Bhave and Ms. Divya Menon i/by Bhave and Company for Respondent No.29.
Mr. Nirav B., Partner of Respondent No.1 is present.

Table of Content
1. disputes over title versus possession and entitlement to transit rent. (Para 2 , 3)
2. possession entitles the appellant to transit rent and outlines responsibilities of the developer. (Para 4 , 5)
3. the appeal is resolved with findings on entitlement and necessary actions to be taken. (Para 6 , 7)

P.C.:

The present Appeal impugns an order dated 9^th October 2023, which inter alia orders and directs as follows :-

“(g) Respondent Nos.19 to 21 are directed to handover vacant possession of flat No.C-404 to the petitioner within two weeks from today. The petitioner shall deposit the monetary benefits under the development agreement in respect of the said flat with the Prothonotary and Senior Master of this Court.

(h) Respondent Nos.19 to 21 would be at liberty to obtain appropriate orders from competent Court of law in respect of such benefits and upon an order being produced before the Prothonotary and Senior Master of this Court, in that regard, the amount alongwith interest, shall be disbursed to any of the said respondents, who is able to produce such an order.”

2. The Appellant is the original Respondent No.21 and Respondent Nos.3 and 4 are the original Respondent Nos.

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2023 Supreme(Online)(Bom) 26611

IN THE HIGH COURT OF JUDICATURE AT BOMBAYDEVENDRA KUMAR UPADHYAYA, CJ, ARIF S. DOCTOR, JHarshad Shah – AppellantVersusLabharti Realties – Respondent

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DEVENDRA KUMAR UPADHYAYA, CJ, ARIF S. DOCTOR, J
Harshad Shah – Appellant
Versus
Labharti Realties – Respondent