Disposed

Shreya Ramesh and Ors. v. State of Maharashtra Thr. the Housing Department and Ors.

Bombay HC4 Jul 2024WP/8471/2024

Case brief

AI extract

What is this about?

Purchasers of a flat sought a warrant of possession against the developer. The dispute was settled via Consent Terms dated 16 July 2024, which were taken on record, undertakings accepted to the Court, and the writ petition disposed of in terms of the Consent Terms, with compliance listed for 2 September 2024.

What the court decided

AI extract

Shreya Ramesh and Ors. vs State of Maharashtra Thr. the… — Property and Title | Bombay HC (2024)

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2.wp.8471.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8471 OF 2024

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Shreya Ramesh & Ors. .. Petitioners

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Versus

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State of Maharashtra & Ors.

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.. Respondents

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Mr.Rubin Vakil a/w Amit Mishra, Punit Agarwal i/b Dhaval Vussonji & Associates, Advocates for the Petitioners.

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Digitally signed by UTKARSH UTKARSHKAKASAHEBBHALERAO KAKASAHEBBHALERAODate:2024.07.18 10:41:35 +0530

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Mrs.Padma Chinta a/w Harshad Bhadbhade, Advocates for Respondent No.4.

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Ms.S.D.Vyas, Addl. G.P. a/w P.N.Diwan AGP for StateRespondent.

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Ms.Hema Ramesh , Petitioner No.2 present in Court.

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Mr.P.R.Ramesh , Petitioner No.3 is present in Court.

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Mr.Alok Jain , representative of Respondent No.4 is present in Court.

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CORAM :B. P. COLABAWALLA &

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FIRDOSH P. POONIWALLA, JJ. DATE : JULY 16, 2024

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P. C.

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1. The above Writ Petition is filed seeking a direction to Respondent No.2 to issue a warrant for possession of Flat No.702 admeasuring 1350 sq.ft. Carpet area in ‘C’ Wing of building known as “Olivia” in the Complex known as “Neelkanth Woods” (subsequently renamed “Verraton”) and put the Petitioners in possession thereof. The

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Utkarsh

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Page 1 of 3 JULY 16, 2024

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2.wp.8471.2024.doc

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other relief sought is to direct Respondent No.3 to execute the Warrants dated 29^th November 2023 and 23^rd February 2024 issued by Respondent No.2 in execution of the orders dated 18^th May 2022 and 17^th October 2022 respectively. The real dispute in the present Petition is between the Petitioners who are purchasers of flats from Respondent No.4, and who is the developer.

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2. Today when the matter is called out, we are happy to note that the disputes between the Petitioners and Respondent No.4 have been settled as recorded in the Consent Terms dated 16^th July 2024.

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3. The Consent Terms have been signed by Petitioner No.2 for herself as well as in her capacity as the constituted Power of Attorney of Petitioner No.1. The Consent Terms are also signed by Petitioner No.3. Petitioner Nos.2 and 3 are present in Court today. They both stated that they have signed the Consent Terms of their own free will and after reading and understanding the same as well as the implications thereof.

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4. The Consent Terms are also signed by one Mr.Alok Jain who is the Authorized Signatory of Respondent No.4. Mr.Alok Jain is also present in Court today and has stated that he has signed the Consent Terms of his own free will and after reading and understanding the same as well as the implications thereof.

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Page 2 of 3 JULY 16, 2024

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Utkarsh

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2.wp.8471.2024.doc

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5. The Consent Terms are also signed by the advocates for the Petitioners and the advocates for Respondent No.4.

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6. In these circumstances, the Consent Terms dated 16^th July 2024 are taken on record and marked “ X ” for identification. All the undertakings given in the Consent Terms are accepted as undertakings given to the Court. There shall be an order in terms of the Consent Terms and the Writ Petition is also disposed of in terms thereof. However, there shall be no order as to costs.

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7. Though we have disposed of the above Writ Petition, we now place it on board on 2^nd September 2024 for reporting compliance of the terms of the Consent Terms filed today.

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8. Stand over to 2^nd September 2024.

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9. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

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Page 3 of 3 JULY 16, 2024

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Utkarsh

Shreya Ramesh and Ors. v. State of Maharashtra Thr. the Housing Department and Ors.

Case brief

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Shreya Ramesh and Ors. v. State of Maharashtra Thr. the Housing Department and Ors.

Case brief

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