Disposed

Elite Housing Developers LLP Mumbai- 400007 v. Ankit R Bhalaria and Anr.

Bombay HC21 Sept 2023SA/358/2021

Case brief

AI extract

What is this about?

Second Appeal disposed of by consent order following the payment of adjudicated electricity and water expenses from court-deposited funds. The remaining balance was transferred to respondents.

What did the court decide?

Withdrawal of Rs. 18,83,000/- to Appellant and balance of Rs. 9,28,098/- plus interest to Respondents; withdrawal of pending proceedings.

Elite Housing Developers LLP Mumbai- 400007… — Contract and Commercial Disputes | Bombay HC (2023)

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2023:BHC-AS:28072

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3.1. By the Impugned Order the Respondents were directed to pay HP' an amount ofRs.12,00,000/- towards expenses ofelectricity and water etc., with interest as prescribed under Real Estate ippc (Regulation and Development) Act, 2016 ("RERA”) from the date of default of payment till the realization ofthe amount. As on date, this amount with interest stands at Rs. 18,83,000/-.

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3.2. The Appellant shall be entitled to withdraw the amount of Rs. 18,83,000/- stated in'paragraph 3.1. above, from and out of the said Amount i.e. Rs. 28,11,098/- deposited with the Registry of this Hon’ble Court.

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3.3. The balance amount’fafter the amount withdrawn by the Appellant as stated in paragraph 3.2 above, being Rs. 9,28,098/-. shall stand transferred in favor ofthe Respondents.

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payiib

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. 3.4.Accordingly, this Hon’ble Court be pleaded to direct its concerned department to release the amount stated in paragraph 3.2 above i.e. Rs. 18,83,000/- to tHe^j4ppellant in the bank account of the Appellant as stated in AiTiiexure A hereto.

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Is. ?

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3.5.Similarly, this Hon’ble Court be pleased to direct its concerned . •*.. department to transferjhe amount mentioned paragraph 3.3 above i.e. Rs. 9,28,098/- along whh the entire interest accrued on the said Amount i.e. Rs. 28,11,098/? to the Respondents in the bank account ofthe Respondents as stated in Annexure B hereto.

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Parties shall withdraw-alPpending proceedings against eaph other including the present Appeal upon receipt of the amounts mentioned .1 »|lr in paragraphs 3.4 and 3.5 above. It is hereby agreed that, the parties UK I shall not raise any claim of whatsoever nature against each other in f‘k ‘ respect of what is decided by the Impugned Order passed by the T Maharashtra Real Estate Appellate Tribunal in Appeal No.' AT006000000031812.

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It is expressly agreed and understood between the parties that subject to what is stated herein both parties discharge each other from their respective obligations contained in the Impugned Order passed by the

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Maharashtra Real Estate^., Appellate Tribunal in Appeal No. AT00600000003 1812./

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Parties shall bear their own^cost.

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Dated this day of September 2023

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.idunc

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(

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bodi For Appellant J' I

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Integrum Legal abi Advocates for Appellanf^^p^

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For Respondents

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Wadia Gh^dy & Co. Advocates for Respondents

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'"i^NEXUREA

Account Holder: Elite Housing Developers LLP

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Bank Name: HDFC Bank

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Account No. 50200033581301

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Branch: Tardeo Branch

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IFSC - HDFC0000544

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ANNEXURE B

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• Name: Mansi Ankit Bhalaria

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Bank name: HDFC Bank

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A/c no: 50100168594073

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IFSC: HDFC0001201

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Branch: Chowpatty

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»
<br>IN THE HIGH COURT OF JUDICATURE
AT BOMBAY <br>CIVIL APPELLATE JURISDICTION
»h • ■ '
SECOND APPEAL NO. 358 OF 2021
JI <br>Elite Housing Developers LLP
... Appellant
Versus
Arikit?R. «. » * 4^ A Bhalaria & Anr.
it'
f' Respondents
SE
»zliteH
CONSENT TERMS
Venffiated this 2P‘ day of September 2023
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SE
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Elite Housing Developers LLP Mumbai- 400007 v. Ankit R Bhalaria and Anr.

Case brief

What is this about?

What did the court decide?

Elite Housing Developers LLP Mumbai- 400007 v. Ankit R Bhalaria and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Elite Housing Developers LLP Mumbai- 400007 Vs Ankit R Bhalaria and Anr.