Appeal disposed of; parties consent to a mutually agreed workable arrangement regarding construction plans, flat sales, and financial disclosures rather than adjudicating merits.
Appeal disposed in terms of the parties' agreed arrangement; related Notices of Motion disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.2 OF 2013 IN
NOTICE OF MOTION NO.2335 OF 2011 IN SUIT NO.1266 OF 2009 WITH
NOTICE OF MOTION NO.100 OF 2013
AND APPEAL NO.3 OF 2013 IN NOTICE OF MOTION NO.2553 OF 2011 IN SUIT NO.1266 OF 2009 WITH NOTICE OF MOTION NO.99 OF 2013
Purushottam Vishandas Raheja Appellant versus Asha Shrichand Raheja and others Respondents
Mr.Ravi Kadam, Sr.Counsel with Mr.A.Y.Bookwala, Sr.Counsel with Mr.Ashwin Kamath i/by Ranjit & Co. for Appellant.
Mr.Siraj Rustamjee, Sr.Counsel with Mr.Sharan Jagtiani and F.Dubash, Ms.Soniya Pulta, J.S.Soloman i/by Soloman & Co. for Respondents 1A to 1C.
CORAM : DR.D.Y.CHANDRACHUD AND S.C.GUPTE, JJ.
DATE : 17 July 2013
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PC :
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(i) The Appellant agrees and undertakes to the Court that he shall ensure that the amended plans which have been submitted to the Municipal Corporation in February-2013 for construction of three additional floors are duly sanctioned expeditiously and in any event within a period of four months from today. The Respondents agree and undertake to co-operate in the completion of all necessary formalities for the sanction of the plans by the Municipal Corporation in the aforesaid terms. The Appellant agrees and undertakes that the work of construction shall be completed within a period of twelve months from the date of sanctioning of the plans by the Municipal Corporation and to obtain an occupation certificate within the aforesaid period for the entire building;
(ii) A balance of fourteen flats remains to be sold as of date. The parties shall follow the modalities which have been prescribed in the order of the learned Single Judge dated 9 September 2009 in respect of the sale of these flats. The parties would be at liberty to bring offers for the sale of fourteen flats and upon either of the parties bringing an offer and communicating the offer to the other party, the latter shall have a period of one month to communicate a better or higher other. If no better or higher offer is communicated within a period of one month from the date of receipt of the offer, the flat shall be sold in terms of the offer which has been received and the Respondents shall in terms of the order of learned Single Judge dated 9 September 2009 execute necessary documents;
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(iii) The same modalities as are prescribed in Clause-(ii) above shall govern the sale of the additional flats which may be made available upon the sanction of plans by the Municipal Corporation for additional floors;
(iv) The Respondents shall deposit in the joint account which has been earmarked in pursuance of the order of the learned Single Judge dated 9 September 2009 an amount of Rs.1,85,49,353/- in respect of fifteen flats which were sold by the Respondents between July-2010 and March-2011 without prejudice to the rights and contentions of the parties. The aforesaid amount shall be deposited in the joint bank account on or before 17 August 2013;
(v) In the event that there is any breach on the part of any of the parties in complying with the undertakings and directions which are agreed to hereinabove, the other party would be at liberty to move the learned Single Judge for modification of the order dated 9 September 2009 in view of the changed circumstances;
(vi) It is hereby clarified that in all other respects, the parties shall be bound and governed by the order of the learned Single Judge dated 9 September 2009;
(vii) In the event that the Respondents desire to inspect any or all of the balance flats for the purpose of bringing offers for sale, the Appellant shall permit such inspection for prospective purchasers with prior notice of 48 hours;
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(viii) The Appellant shall provide to the Respondents bank statements referred to in prayer (b) of Notice of Motion No.2553 of 2011 within a period of four weeks from today and thereafter on a quarterly basis;
(ix) The Appellant shall comply with the order of the learned Single Judge dated 9 September 2009 for the disclosure of the bills and certification of the expenses incurred on the project;
(x) The Respondents shall, without prejudice to their rights and contentions, file before the learned Single Judge a statement of account duly certified by the Chartered Accountant of the expenses of Rs.2,68,75,647/- incurred by them;
(xi) The Appellant agrees to furnish to the Respondent photocopies of the title certificates referred to in paragraph 23 of the order of the learned Single Judge dated 9 September 2009 within a period of two weeks from today.
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influence the conduct of any further proceedings in the suit and all the rights and contentions of the parties are expressly kept open.
(DR.D.Y.CHANDRACHUD, J.)
(S.C.GUPTE, J.)
MST
Purushottam Vishandas Raheja
Asha Shrichand Raheja
D.Y. Chandrachud
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
