Single Judge dismissed revision petitions challenging maintenance calculations. Court directed issuance of notice for return date, noting petitioner's willingness to deposit sum calculated on simple interest.
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17.06.2015
WP-13947-15 Group matters.doc
| IN THE HIGH COURT OF JUDICATURE AT B CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.13947 OF |
OMBAY 2015 |
|---|---|
| Mr. Sunil Kumar Jayantilal Shah Versus |
.. Petitioner |
| Divisional Assistant Registrar, | |
| Coop. Housing Society, Kokan Division, | |
| Kokan Bhavan, New Mumbai and others | .. Respondents |
| WITH WRIT PETITION (STAMP) NO.13948 OF |
2015 |
| Mr. Jay Kumar N. Shah | .. Petitioner |
| Versus | |
| Divisional Assistant Registrar, | |
| Coop. Housing Society, Kokan Division, | |
| Kokan Bhavan, New Mumbai and others | .. Respondents |
| WITH WRIT PETITION (STAMP) NO.13949 OF |
2015 |
| Miss. Dipika Jay Kumar Shah Versus |
.. Petitioner |
| Divisional Assistant Registrar, | |
| Coop. Housing Society, Kokan Division, | |
| Kokan Bhavan, New Mumbai and others | .. Respondents |
| WITH WRIT PETITION (STAMP) NO.14124 OF |
2015 |
| Mr. Manish P. Shah | .. Petitioner |
1 of 3
BGP .
17.06.2015
WP-13947-15 Group matters.doc
Versus
Divisional Assistant Registrar, Coop. Housing Society, Kokan Division, Kokan Bhavan, New Mumbai and others .. Respondents
Mr. Manish Jain i/by S. M. Jain & Associates, for the Petitioner in all Writ Petitions.
Mrs. V. S. Nimbalkar, AGP for the Respondent Nos.1 & 2.
CORAM : R.M. SAVANT, J. DATE : 17th JUNE, 2015
P.C.
2 of 3
BGP .
17.06.2015
WP-13947-15 Group matters.doc
been calculated by the Respondent No.4 society by compounding the interest. It is the contention of the Learned Counsel for the Petitioner that in terms of the bye law, the society would be entitled to simple interest. In so far as the Petitioners are concerned, the outstanding amount due as on March 2015 as per the societies own calculation as per the Learned Counsel for the Petitioner is as under :
| Sr. No. | Writ Petition Nos. | Name of theparty | Amount |
|---|---|---|---|
| 1 | WP(ST) No.13947/2015 | Mr. Sunil Kumar Jayantilal Shah |
Rs.1,65,964.18 |
| 2 | WP(ST) No.13948/2015 | Mr. Jaykumar N. Shah |
Rs.1,87,728.15 |
| 3 | WP(ST) No.13949/2015 | Miss. Dipika Jay Kumar Shah |
Rs.1,75,671.16 |
| 4 | WP(ST) No.14124/2015 | Mr. Manish P. Shah | Rs.1,64,096.47 |
The Learned Counsel for the Petitioner states that the Petitioners have no objection to deposit the amount which would be calculated as per simple interest. Hence, there would be adinterim relief in terms of prayer clause “C” on the condition that the Petitioner deposits an amount of Rs.1,25,000/ in each of the above Petitions before the returnable date. If the amount is not deposited in this Court and unless time is extended, the adinterim relief would stand vacated.
[R.M. SAVANT, J]
3 of 3
BGP .
1 issue framed by the court
Whether to grant ad-interim ejectment order subject to deposit of maintenance charges calculated at simple interest.
1 provisions across 1 enactments
Mr. Sunil Kumar Jayantilal Shah
Mr. Jay Kumar N. Shah
Miss. Dipika Jay Kumar Shah
Mr. Manish P. Shah
Divisional Assistant Registrar, Co-op. Housing Society, Kokan Division
R. M. Savant
As recorded by the court registry
19 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court