Disposed

Sangita Satish Sawant v. Anand Laxmanrao Ambesange and Ors.

Bombay HC28 Oct 2021IA/1235/2021

Case brief

AI extract

What is this about?

In an interim application regarding a commercial suit, the appellant developer agreed to refund earnest money to flat purchasers. The applicant sought to withdraw the application, which was disposed of upon concession and tender of pay orders.

What did the court decide?

Interim application disposed of upon withdrawal by applicant; Pay orders aggregating to Rs.1 Crore tendered by developer for encashment by court.

Sangita Satish Sawant Vs Anand Laxmanrao Ambesange and… — Company and Corporate | Bombay HC (2021)

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SWAROOP Digitally signedby SWAROOP SHARAD SHARAD PHADKE PHADKE Date: 2021.10.3015:38:19 +0530

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IA 1235 OF 2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.1235 OF 2021 IN

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COMMERCIAL SUIT NO.30 OF 2016

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…
Sangita Satish Sawant Applicant
and

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…
Anand Laxmanrao Ambesange and Anr. Plaintiffs
Versus

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M.S.Shah Developers Pvt. Ltd. and Ors.

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...
Respondents

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Mr. Nivit Srivastava with Ms. Sneha Patil i/by Maniar Srivastava Associates, for
Plaintiffs.

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Mr. Sharique Nachan with Mr. Azeem Shaikh, Mr. Maaz Syed i/by Judicare Law
Associates, for Defendant No.2.

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Ms. Anjali Trivedi with Ms. Nandita Shah i/by V. Thakers Advocates, for Defendant
No.3.

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Mr. Ajit Tamhane with Mr. Kiran Gawalkad i/by Tamhane and Co., for Defendant
Nos.4 and 5.

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Mr. B.V.Holambe patil i/by Premkumar Kinamalla, for Applicant in IA 1235 of 2021.
Mr. Shreepad Murthy, for Dr. Grajesh Shah.

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Mr. Sanjay Patil with Mr. Anoop Wagh, for Thane Project.

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CORAM: S.J. KATHAWALLA, J.
( IN CHAMBERS )

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DATE: 28th OCTOBER, 2021

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P.C.:

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1.The learned Advocate for the developer – Abdul Hamid Mapkhan has

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agreed to refund the earnest money with interest to the flat purchasers of Silver Line

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Project. In view thereof, the learned Advocate for the Applicant on instructions seeks

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to withdraw the above Interim Application. The Interim Application is accordingly

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SSP 1/2

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IA 1235 OF 2021.doc

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disposed of.

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2.Mr. Abdul Hamid Mapkhan has tendered two Pay Orders aggregating to
Rs.1 Crore. The said Pay Orders shall be handed over to the Prothonotary and Senior
Master of this Court for encashment. The Prothonotary and Senior Master will allow
Mr. Ayub Asar, represented by Advocate Sanjay Patil to withdraw the said amount of
Rs.1 Crore. Mr. Asar will thereafter act on the Consent Terms, as agreed under the
Consent Terms interalia executed by and between him and the builder/developer. All
the above steps taken by the parties, shall be subject to the further orders passed by

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this Court.

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( S.J.KATHAWALLA, J. )

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SSP 2/2

Sangita Satish Sawant v. Anand Laxmanrao Ambesange and Ors.

Case brief

What is this about?

What did the court decide?

Sangita Satish Sawant v. Anand Laxmanrao Ambesange and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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