Narenkumar Pabari v. Jai Temple View Cooperative Housing Society Ltd.
Case brief
What is this about?
Keywords: transit rent arrears; redevelopment; deduction of tax at source / TDS; withholding tax apprehension; United Kingdom national / foreign national payee; tax residency undertaking and indemnity (Exhibit O); co-operative housing society; developer; possession of flat; joint inspection; habitability of flat; Interim Application allowed; Bombay High Court Commercial Division; Court Receiver / Master (Adm.); Somasekhar Sundaresan; Commercial Suit 272 of 2022; IA (L) 32769 of 2023; Rs. 9,22,157/-.
What did the court decide?
Interim Application (L) No. 32769 of 2023 allowed: transit rent arrears of Rs. 9,22,157/- (April 15, 2025 to April 14, 2026) to be paid to the Applicant on the same terms as any other member of the society, without withholding for TDS in view of the Exhibit 'O' undertaking and indemnity; joint inspection of the flat and taking of possession within a week (inspection by April 30, 2026; grievances Affidavit by May 7, 2026); matter stood over to May 8, 2026 for reporting compliance; all actions under the order to be taken upon receipt of a downloaded copy from the Court's website.