Naren Kumar Pabari v. Unique Shanti Developoers LLP
Case brief
What is this about?
PAAA agreement registration; non-compliance with Court orders since April 2023; order dated 15th October 2024; wilful and deliberate defiance by co-operative housing society and its secretary; suo motu contempt contemplated but notice withheld on assurance of registration on 3rd February 2025; developer's assurance and undertaking to execute fresh PAAA agreement; interim application disposed of. Parties: Naren Kumar Pabari (Applicant); Unique Shanti Developers LLP (Plaintiff-Developer); Jai Temple View CHS Ltd. & Ors. (Defendants). Court: Bombay High Court, Ordinary Original Civil Jurisdiction; Coram: Arif S. Doctor, J.; decided 31st January 2025; I.A. No. 1479 of 2024 in Commercial Suit No. 272 of 2022.
What did the court decide?
The interim application was disposed of on the basis of assurances recorded by the Court: the society's counsel assured that the secretary would be available to register the PAAA agreement on 3rd February 2025; the developer's counsel assured that the PAAA agreement would be duly registered in the week starting 3rd February 2025; the developer undertook to have a fresh PAAA agreement duly executed if required; and the Court, accepting the society's statement, did not presently issue notice in contempt.