Court permitted deletion of appellant No.2 from appeal and parties accepted undertakings regarding possession of new accommodation and enhanced rent liability upon default.
Permitted deletion of appellant No.2; parties acted on copy of order.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.525 OF 2009
NOTICE OF MOTION NO.2483 OF 2009
SUIT NO.2136 OF 2008
Sai Mangal Enterprises and ors.
...Respondents
Mr V.J. Hegde for Appellants.
Mr A.Y. Sakhare, Sr. Counsel with Mr Girish Pandit
for Respondents.
CORAM : D.K. DESHMUKH AND R.V. MORE JJ.
DATE : 28TH APRIL 2010.
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P.C.:-
1]The name of appellant No.2 � Shakuntala C.
Mehta is permitted to be deleted from the appeal.
The learned counsel appearing for original
plaintiffs states that in case possession of the new
accommodation is not given by the plaintiffs to the
appellant � Shakuntala Mehta within a period of 24
months as mentioned in the agreement, the plaintiffs
will be liable to pay to the appellant � Shakuntala
Mehta an amount at the rate of Rs.15,000/- per month
instead of Rs.6,000/- per month as directed in the
impugned order and appellant � Shakuntala Mehta
shall also be at liberty to approach this Court for
suitable orders in that event. It is also agreed
that the builder will ask the appellant � Shakuntala
Mehta to vacate the premises alongwith all others.
Statement is accepted.
Parties to act on the copy of this order
duly authenticated by the Associate / Private
Secretary of this Court.
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Certified copy expedited.
(JUSTICE D.K. DESHMUKH)
(JUSTICE R.V. MORE)
Sai Mangal Enterprises and ors.
D.K. DESHMUKH
R.V. MORE
As recorded by the court registry
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