Bhoomi Shashwat Estate Pvt. Ltd. vs Maharashtra Housing and Area Development Authority and 3 Ors. — Bombay HC (2025) — LawSathi Research

Bhoomi Shashwat Estate Pvt. Ltd. vs Maharashtra Housing and Area Development Authority and 3 Ors. — Bombay HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO. 103 OF 2022

MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY

)

)...PLAINTIFF

V/S.

)

GOLD FINGER REALTY INVESTORS PVT ) LTD AND ANR )...DEFENDANTS

WITH INTERIM APPLICATION NO.1624 OF 2022 IN

SUIT NO.103 OF 2022 WITH

SUIT NO.71 OF 2022

WITH NOTICE OF MOTION (L) NO.460 OF 2018

IN

SUIT NO.71 OF 2022

WITH

Digitally signed by ARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2025.01.15 19:50:49 +0530

CHAMBER SUMMONS NO.1292 OF 2018 IN SUIT NO.71 OF 2022

WITH

NOTICE OF MOTION NO.2431 OF 2019

IN

SUIT NO.71 OF 2022

WITH

SUIT NO.755 OF 2019

WITH

INTERIM APPLICATION (L) NO.28759 OF 2023

IN

SUIT NO.755 OF 2019

WITH

NOTICE OF MOTION NO.1300 OF 2019

IN

SUIT NO.755 OF 2019

WITH

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NOTICE OF MOTION NO.2420 OF 2019 IN

SUIT NO.755 OF 2019 WITH

SUIT NO.104 OF 2022 WITH

INTERIM APPLICATION NO.1587 OF 2022 IN SUIT NO.104 OF 2022

WITH SUIT NO.1097 OF 2019

WITH

NOTICE OF MOTION NO.2289 OF 2019

IN SUIT NO.1097 OF 2019

WITH

NOTICE OF MOTION NO.2340 OF 2019

IN

SUIT NO.1097 OF 2019

WITH

CHAMBER SUMMONS NO.1291 OF 2018

IN

SUIT NO.1097 OF 2019

WITH

INTERIM APPLICATION NO.618 OF 2024

IN

SUIT NO.1097 OF 2019

WITH

SUIT NO.118 OF 2022

WITH

INTERIM APPLICATION NO.1728 OF 2022

IN

SUIT NO.118 OF 2022

WITH

SUIT NO.1086 OF 2018

WITH

NOTICE OF MOTION NO.1767 OF 2018 IN

SUIT NO.1086 OF 2018

WITH

SUIT NO.138 OF 2022

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WITH

INTERIM APPLICATION NO.1865 OF 2022

IN

SUIT NO.138 OF 2022

WITH CHAMBER ORDER NO.21 OF 2024

IN

SUIT NO.138 OF 2022 WITH SUIT NO.168 OF 2020

WITH NOTICE OF MOTION NO.106 OF 2020

IN

SUIT NO.168 OF 2020 WITH

NOTICE OF MOTION NO.2379 OF 2019

IN

SUIT NO.168 OF 2020 WITH CHAMBER SUMMONS NO.1284 OF 2018

IN

SUIT NO.168 OF 2020

Ms. Manisha Jagtap, Advocate for the Plaintiff – MHADA in all Suits. Mr. Piyush Deshpande, Advocate for the Defendant No.4 in all Suits (through Video Conferencing).

Ms.Neelima S. Kirve i/b Ganesh and Company, Advocate for the Plaintiff in Suit No.71 of 2022.

Mr. Vishal Pattabiraman a/w Solomon Mathi i/b Ms. Rucha Jog, Advocate for the Plaintiff in Suit No.755 of 2019 and for the Defendant No.1 in Suit No.103 of 2022.

Mr.Anil Mishra, Advocate for the Defendant no.1 in Suit No.118 of 2022.

Mr.Karl Tamboly i/b Wadia Ghandy & Co.,Advocate for the Plaintiff in Suit No.1097 of 2019 and for Defendant No.1 in Suit No.104 of 2022. Mrs. Dorcas Jones-Representative of Defendant No.1.

Ms.Manjiri Parasnis, Advocate for the Applicant in NMS/2420/2019. Ms.Jyoti Chavan, Additional GP for the State.

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CORAM : ABHAY AHUJA, J. DATE : 15^th JANUARY 2025

P.C. :

This matter was kept back in the morning session as the Government Pleader who was directed to remain present by order dated 18^th November 2024 was not available at that time.

In the afternoon session, when the matter is called out, this Court is informed that the Government Pleader was indeed here but she had to rush for another pressing matter and is therefore not available at the

moment. However, this Court is informed that the Additional Government Pleader Ms.Jyoti Chavan, who has also been briefed in the matter, is on her way to attend to this matter.

Ms.Jagtap, learned Counsel, who appears for Maharashtra Housing and Area Development Authority (“MHADA”) submits that she has already, using her good offices, got the MHADA officials to write a mail to some of the developers that a meeting would be held between the representatives of the developers who had deposited money with Guru Ashish Construction along with the representatives of the State

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Government so as to finalize the payments to be made to the developers in pursuance of communications dated 9^th March 2023, 10^th March 2023 and 13^th July 2023.

Mr.Karl Tamboly, learned Counsel, appearing for one of the developers submits that once it has been communicated to the developers that the amounts deposited with Guru Ashish Construction would be repaid with interest at the rate of 9% from the date of deposit, the question of a meeting should not arise.

It is pointed out to this Court that the date and time of the meeting would be fixed as per mutual convenience. Ms.Jagtap submits that the tentative date of the meeting would be around 29^th January 2025.

Considering the aforesaid submissions, this Court is of the view that the matter be listed on 5^th February 2025 .

As soon as the order is dictated, Ms.Jyoti Chavan, learned Additional Government Pleader, has reached the Court room and submits that she will vigorously follow up with the State Government

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and that the Principal Secretary of the Housing Department would also

remain present in the said meeting.

(ABHAY AHUJA, J.)

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