Disposed

Kamlesh Himmantlal Shah and 14 Ors. v. Jaswantlal Mohanlal Khandar and 2 Ors.

Bombay HC5 Dec 2018NMT/254/2016

Case brief

AI extract

What is this about?

This notice of motion dealt with directions regarding the sale of a flat and parking spaces. The court directed that NOC is not required at the current stage. It ordered the deposit of balance consideration by the purchaser, execution of the sale deed by executors, registration, and simultaneous handover of vacant possession. The request for exemplary costs against the society was rejected.

What did the court decide?

Balance consideration to be deposited; executors to execute and register sale deed; society to consider transfer application; vacant possession to be handed over on registration; exemplary costs reque

Kamlesh Himmantlal Shah and 14 Ors. Vs Jaswantlal… — Cooperative Societies | Bombay HC (2018)

kvm

1/3

905-NMSL254.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION (L) NO. 254 OF 2016 IN

¶5

MISC. PETITION NO. 149 OF 2016 IN TESTAMENTARY SUIT NO. 64 OF 2007 IN TESTAMENTARY PETITION NO. 571 OF 2007

¶6

Kamlesh Himmatlal Shah & Ors.

¶7

….. Applicants

¶8

IN THE MATTER BETWEEN

¶9

Kamlesh Himmatlal Shah & Ors. ….. Plaintiffs

¶10

VERSUS

¶11

Jaswantlal Mohanlal Khandar & Ors.

¶12

..… Defendants

¶13

AND

¶14

The Court Receiver, High Court, Bombay & Ors. ….. Respondents

¶15

Mr.Tejas Vora, a/w. Mr.D.R.Mishra, Mr.Sagar Seth, i/b. Mr.D.R.Mishra for the Applicants/Plaintiffs.

¶16

Ms.Vaishali Sharma, i/b. Harakhchand & CO. for the Defendants.

¶17

Ms.Rita Bhatia for the Respondent no.3 Society.

¶18

Mr.Kedar Dighe, A.G.P. for the State.

¶19

Mr.Mehul Shah for the Respondents.

¶20

CORAM : R.D. DHANUKA, J. DATE : 5^th DECEMBER, 2018

kvm

2/3

905-NMSL254.16

P.C .

By an order dated 10^th October,2018 passed by Shri G.S.Patel, J., this court had issued various directions in respect of the sale of the flat situated at Vaibhav Building at 80, Bhulabai Desai Road, Breach Candy, Mumbai – 400 026 including a stilt parking no.2A in that building and open parking space also bearing no.2A.

¶26

Learned counsel appearing for the applicants and the respondent no.2 purchaser jointly state that all the directions issued by this court by the said order are already complied with except the directions issued in paragraph (8) of the said order stating that the necessary permission from the society will be obtained by that date.

¶27

Ms. Bhatia, learned counsel appearing for the society states that at this stage, parties are not required to obtain any NOC from the society in respect of the flat in question. The stage for making an application for NOC would arise only after the agreement is executed and sale is confirmed by this court. Statement is accepted.

¶28

Mr.Shah, learned counsel appearing for the respondent no.2 purchaser states that balance consideration payable under the sale confirmed by this court would be deposited with the Court Receiver within 15 days from today. Statement is accepted.

¶29

Upon deposit of the balance consideration, the executors would execute a sale deed in favour of the respondent no.2 (purchaser) and

3/3

kvm

905-NMSL254.16

would get the document stamped within two weeks from the date of deposit of the balance consideration.

¶34

If the flat purchasers applies for transfer of the flat and the membership to the society, the society shall consider the said application on its own merits and in accordance with law.

¶35

The request made by the learned counsel for the society for payment of exemplary cost is rejected. Notice of motion is disposed of in the aforesaid terms. No order as to costs.

¶36

Upon registration of the sale deed, the vacant possession of the aforesaid premises shall be handed over by the executors to the purchasers simultaneously.

Kamlesh Himmantlal Shah and 14 Ors. v. Jaswantlal Mohanlal Khandar and 2 Ors.

Case brief

What is this about?

What did the court decide?

Kamlesh Himmantlal Shah and 14 Ors. v. Jaswantlal Mohanlal Khandar and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

Similar cases

Subhashchandra Harjivandas Kantharia Vs Harjivandas Hiralal Kantharia (Deceased)

Farrokh Vafadar Irani Parsi Vs Amy Kaikhushroo Toorkey (Deceased)

Balkrishna Waman Zambre Vs Siddheshwar Shikshan Sanstha and Anr.

Rugmani Radhakrishnan Nair Vs Radhakrishnan Nair (Deceased)

Nagin Chagan Patel Vs Bima Chagan Bharwad and 3 Ors.

Dr. Shilpa Bansal Chavan Vs Dr. Jaiprakash Shantaram Chavan