Allowed

Narang Overseas Pvt. Ltd. v. Divisional Joint Registrar Co-Operative Societies and 4 Ors.

Bombay HC30 Aug 2012NMA/1737/2012

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of two Notices of Motion seeking clarification regarding an undertaking not to transfer or encumber specific flats. The Court held that the undertaking does not bar creating a bare license for periods not exceeding eleven months, provided notice of the orders is furnished. Applicants were also directed to pay maintenance arrears.

What did the court decide?

Applicants permitted to create a license for Flat Nos. 9 and 5 for up to eleven months subject to furnishing notice of orders; applicants directed to pay maintenance arrears.

Narang Overseas Pvt. Ltd. Vs Divisional Joint… — Execution and Attachment | Bombay HC (2012)

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1 of 4 NMS.1727.2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO.1727 OF 2012

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APPEAL NO.209 OF 2011 IN WRIT PETITION NO.159 OF 2010

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Sanjay Manu Narang and another Applicants versus Narang Overseas Pvt.Ltd. Appellants and Divisional Joint Registrar and others Respondents

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Mr.Rajiv Narula i/by Jhangiani, Narula & Associates for Applicants and for original Respondents 3(A) and 3(B).

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Mr.Shailesh Shah, Sr.Advocate with Mr.J.S.Solomon and Ms.Soniya Putta i/by Soloman & Co. for Appellant.

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CORAM : DR.D.Y.CHANDRACHUD AND A.A.SAYED, JJ.

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DATE : 30 August 2012

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PC :

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By an order of this Court dated 9 August 2011, the Applicants furnished an undertaking that they will not transfer, alienate or encumber the flats which are the subject matter of the appeal. Properly construed, this order would not preclude the Appellants from creating a bare license which does not create any interest in immovable property. However, the Notice of Motion has been taken out by way of abundant caution seeking a clarification that the

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2 of 4 NMS.1727.2012

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undertaking recorded in the order of this Court will not prohibit the Applicants from giving out Flat No.9 in Beach View Co-operative Housing Society Limited, 93, Bhulabhai Desai Road, Mumbai-400 006 on leave and license basis.

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We accordingly dispose of the Notice of Motion with a clarification that the Applicants would be at liberty to create a license in respect of Flat No.9 for a period not exceeding eleven months at a time and subject to the undertaking that notice of the previous order dated 9 August 2011 and of this order shall be furnished to the licensee.

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The Applicants undertake to pay all the arrears of maintenance charges and outgoings in respect of the residential flat after the Deed of Assignment dated 30 September 1992 and shall continue to do so during pendency of the appeal. This direction is being issued specifically on the request of the Respondents.

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4. The Notice of Motion stands disposed of.

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(DR.D.Y.CHANDRACHUD, J.)

(A.A.SAYED, J.)

MST

3 of 4 NMS.1727.2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO.1737 OF 2012

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IN APPEAL NO.208 OF 2011 IN WRIT PETITION NO.158 OF 2010

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Sanjay Narang Applicant versus Narang Overseas Pvt.Ltd. Appellants and

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Divisional Joint Registrar and others Respondents

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Mr.Rajiv Narula i/by Jhangiani, Narula & Associates for Applicantsand for Original Respondent no.3.

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Mr.Shailesh Shah, Sr.Advocate with Mr.J.S.Solomon and Ms.Soniya Putta i/by Soloman & Co. for Appellant.

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CORAM : DR.D.Y.CHANDRACHUD AND A.A.SAYED, JJ.

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DATE : 30 August 2012

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PC :

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By an order of this Court dated 9 August 2011, the Applicants furnished an undertaking that they will not transfer, alienate or encumber the flats which are the subject matter of the appeal. Properly construed, this order would not preclude the Appellants from creating a bare license which does not create any interest in immovable property. However, the Notice of Motion has been taken out by way of abundant caution seeking a clarification that the

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4 of 4 NMS.1727.2012

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undertaking recorded in the order of this Court will not prohibit the Applicants from giving out Flat No.5 in Beach View Co-operative Housing Society Limited, 93, Bhulabhai Desai Road, Mumbai-400 006 on leave and license basis.

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We accordingly dispose of the Notice of Motion with a clarification that the Applicants would be at liberty to create a license in respect of Flat No.5 for a period not exceeding eleven months at a time and subject to the undertaking that notice of the previous order dated 9 August 2011 and of this order shall be furnished to the licensee.

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The Applicants undertake to pay all the arrears of maintenance charges and outgoings in respect of the residential flat after the Deed of Assignment dated 30 September 1992 and shall continue to do so during pendency of the appeal. This direction is being issued specifically on the request of the Respondents.

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4. The Notice of Motion stands disposed of.

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(DR.D.Y.CHANDRACHUD, J.)

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(A.A.SAYED, J.)

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MST

Narang Overseas Pvt. Ltd. v. Divisional Joint Registrar Co-Operative Societies and 4 Ors.

Case brief

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What did the court decide?

Narang Overseas Pvt. Ltd. v. Divisional Joint Registrar Co-Operative Societies and 4 Ors.

Case brief

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What the court decided

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