Disposed

Sai Development Corporation v. Sujata Loku Pujari

Bombay HC9 Jan 2024IA/18356/2023

Case brief

AI extract

What is this about?

The High Court disposed of an interim application for extension of time to comply with a previous undertaking. The applicant submitted a new undertaking after a partner died, confirming construction completion and promising to hand over keys for 'fit-out' purposes while paying temporary compensation. The court accepted the undertaking and granted liberty to seek higher compensation if a certificat

What did the court decide?

Interim Application disposed; undertakings accepted; liberty granted to file fresh application for modification of compensation amount if Occupancy Certificate not obtained by 31st March 2024.

Sai Development Corporation Vs Sujata Loku Pujari — Bombay HC (2024) — LawSathi Research

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2024:BHC-AS:848

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 18356 OF 2023
IN

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CONTEMPT PETITION NO.411 OF 2021
IN
WRIT PETITION NO.2173 OF 2016

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M/s. Sai Development Corporation
through its Partners

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1. Shri. Jaswantsing Gurudayalsingh Khanuja & Anr....Applicants

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In the matter between:
Smt. Sujata Loku Pujari
(Sujata Sadanand Bangera)...Petitioner
 Versus
M/s. P. K. Deole & Associates & Ors....Respondents

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Mr. Sachin S. Punde, for the Applicants.

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Mr. Rajesh More, for the Petitioner.

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CORAM : MADHAV J. JAMDAR, J. DATED : 9^th JANUARY 2024

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P.C.:

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1.This Interim Application is preferred for extension of time to
comply with the undertaking accepted by Order dated 19th December
2022 passed by this Court in Contempt Petition No.411 of 2021. By
the said Order, the undertaking of the present Applicants was
accepted that they shall hand over the possession of the agreed 1200
sq.ft. built-up area to the Petitioner on or before 31st December 2023

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and further undertaking to pay an amount of Rs.25,000/- per month
as compensation towards house rent expenses till handing over the
possession of the newly constructed premises.

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2.Mr. Punde, learned Counsel appearing for the Applicants who
were the Respondent Nos.2A and 2B states that Respondent No.2A
i.e. present Applicant No.1A has passed away during the pendency of
the present Interim Application. He has filed an undertaking dated 8th
January 2024 of Applicant No.2-Purandar Bolu Pujari (original

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Respondent No.2B). The said undertaking is as follows:-

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“ UNDERTAKING

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(BY APPLICANT)

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I, Purandar Bolu Pujari, Age 57 years, residing at Flat
No.502, ‘A’ Wing, Laxmi Vilas, Mukund Nagar, Swargate,
Pune 411037, the Partner of the Applicant in the above-
mentioned matter, do hereby Undertake as under:

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1) I have filed present Interim Application for extension
of time to comply with the Undertaking and Order dated
19/12/2022. I say that during pendency of this
Application another Partner namely Jaswantsingh
Gurudayalsingh Khanuja passed away on 21/12/2023
and I am taking the entire responsibility to comply the
Order of this Hon’ ble Court.

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2) I say that pursuant to the undertakings dated
17/12/2022 and Order dated 19/12/2022, the
Applicant was to make construction of the subject shop
admeasuring 1200 sq.feet built up area and to hand over
the same on or before 31/12/2023 to the Original
Petitioner namely Smt. Sujata Loku Pujari. I say that the
Applicant has completed the construction of the said
shop admeasuring 1200 sq. feet built up area in
September 2023 itself. I say that the Applicant has
applied to the Pune Municipal Corporation on
07/10/2023 for issuance of Part Occupancy Certificate in
respect of the subject shop and the said Proposal for
issuance of Part Occupancy Certificate is pending.

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3) I hereby undertake to hand over the keys of the
subject shop to the Original Petitioner Smt. Sujata Loku
Pujari and put her in possession of the subject shop for
‘fit out purpose’.

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4) I say that I will continue to pay an amount of
Rs.25,000/- per month towards monthly rental
compensation to the Petitioner Smt. Sujata Loku Pujari
on or before fifth day of each English calendar month up
to the date of issuance of Part Occupancy Certificate in
respect of the subject shop by Pune Municipal
Corporation.

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I say that the above contents of Paragraphs No.1 to 4 are
true to my own knowledge, information and belief and I

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believe the same to be true.”

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3. The Applicant No.2-Purandar Bolu Pujari is present in Court and reiterated the above undertakings. Accordingly, the above undertakings are accepted.

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4.In the Court, keys of the said shop premises admeasuring 1200
sq.ft. are handed over by Mr. Punde, learned Counsel appearing for
the Applicants to Mr. Rajesh More, learned Counsel appearing for the
original Petitioner.

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5.The Applicant No.2-Purandar Bolu Pujari who is present in the
Court undetakes that till the Occupation Certificate/Part Occupation
Certificate for the said shop admeasuring 1200 sq.ft. built-up area is
obtained, he will pay an amount of Rs.25,000/- per month to the
Petitioner-Smt. Sujata Loku Pujari.

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6.At this stage, Mr. Rajesh More, learned Counsel appearing for
the original Petitioner states that the said amount is inadequate
considering the market rate. Accordingly, liberty to file fresh
Application for modification of said amount of Rs.25,000/-, if the said
Applicant No.2-Purandar Bolu Pujari fails to obtain an Occupation
Certificate/Part Occupation Certificate for the said shop premises on

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or before 31st March 2024.

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7. The Interim Application is disposed off by accepting the above

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undertakings given by Applicant No.2-Purandar Bolu Pujari.

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Sai Development Corporation v. Sujata Loku Pujari

Case brief

What is this about?

What did the court decide?

Sai Development Corporation v. Sujata Loku Pujari

Case brief

What is this about?

What did the court decide?

What the court decided

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