Dismissed

geomanage consultancy services Pvt. Ltd. and Ors. v. Co.

DRT24 Jul 2023SA/144/2023

Case brief

AI extract

What is this about?

The Divisional Court considered an application for injunction against possession. The parties reached an agreement wherein the applicant committed to a specific payment schedule and agreed to surrender possession upon default. The court directed compliance and disposed of the suit application.

What did the court decide?

Direction to parties to comply with agreed payment terms; relief granted in part based on agreement; application otherwise dismissed.

24/07/2023

Ex.
No.

Before Presiding Officer Dr. Rekha G. Dhakar,
DRT-1, Mumbai.
Roznama in SA 144 of 2023
Geomanage Consultancy Services Pvt Ltd And
Ors Vs Co The Mogaveera

Next date

Advocate Charles Desouza i/b Vishal S.
Tambe appeared for the Applicant.
Advocate Shreesh Oak i/b SC Legal appeared
for the Respondents.
I.A. No. 2441/2023
1. By way of the present I.A. the applicant is
praying to pass an order of injunction
and restrain the defendants from taking
possession of property i.e. Bunglow No.
B/48/189, Kalina CHS Ltd., Housing
Board Colony, Sunder Nagar, Kalina
Santacruz (East) Mumbai- 400 098
(hereinafter referred to as “Property in
question”).
2. After deliberation both parties agreed
that the applicant shall deposit full and
final payment in following manner:

i.
By 24/07/2023 the applicant shall
deposit Rs. 5,00,000/-.

ii.	On or before 27/07/2023	the
	applicant shall deposit	Rs.
	15,00,000/-.
iii.	On or before 15/08/2023	the
	applicant shall deposit	Rs.
	25,00,000/-.
iv.	On or before 31/08/2023	the
	applicant shall deposit	Rs.
	15,00,000/-.
v.	On or before 30/09/2023	the
	applicant shall deposit	Rs.
	25,00,000/-.
vi.	On or before 31/10/2023	the
	applicant shall deposit	Rs.
	25,00,000/-.
vii.	On or before 30/11/2023	the
	applicant shall deposit	Rs.
	25,00,000/-.
viii.	Further it is agreed to de	posit
	balance outstanding no or be	fore
	31/12/2023.
ix.	It is also agreed that in case of de	fault
	in payment of settled amoun	t as
	mentioned herein above,	the
	applicant will hand over the pea	ceful

ii.

On
or
before
27/07/2023

the

applicant
shall
deposit

Rs.

15,00,000/-.

iii.

On
or
before
15/08/2023

the

applicant
shall
deposit

Rs.

25,00,000/-.

iv.

On
or
before
31/08/2023

the

applicant
shall
deposit

Rs.

15,00,000/-.

On
or
before
30/09/2023

the

applicant
shall
deposit

Rs.

25,00,000/-.

vi.

On
or
before
31/10/2023

the

applicant
shall
deposit

Rs.

25,00,000/-.

vii.

On
or
before
30/11/2023

the

applicant
shall
deposit

Rs.

25,00,000/-.

viii.

Further it is agreed to de

posit

balance outstanding no or be

fore

31/12/2023.

ix.

It is also agreed that in case of de

fault

in payment of settled amoun

t as

mentioned
herein
above,

the

applicant will hand over the pea

ceful

possession of the Property in question to the bank.
3. In view of the agreement arrived between
the parties they are hereby directed to
comply with the terms as agreed today.
In case the applicant deposits the amount
as agreed hereinabove the respondent
shall deferred the possession which is
fixed for tomorrow. However, in case the
applicant commits default of any of the
installments as mentioned herein above, then the respondent may take possession of the property in question without any
further notice to the applicant.
4. The concerned police station shall
provide necessary police assistance to the respondent herein.
5. Nevertheless, in case of default the
applicant shall also hand over the
peaceful vacant possession of the
Property in question to the respondent.
6. With the above said direction the present
I.A. as well as S.A. as after the agreement, now nothing survives in the SA, the same
is hereby disposed off.

possession
of
the
Property
in
question to the bank.

3. In view of the agreement arrived between

the parties they are hereby directed to

comply with the terms as agreed today.

In case the applicant deposits the amount

as agreed hereinabove the respondent

shall deferred the possession which is

fixed for tomorrow. However, in case the

applicant commits default of any of the

installments as mentioned herein above,
then the respondent may take possession
of the property in question without any

further notice to the applicant.

4. The concerned police station shall

provide necessary police assistance to the
respondent herein.

5. Nevertheless, in case of default the

applicant shall also hand over the

peaceful
vacant
possession
of
the

Property in question to the respondent.

6. With the above said direction the present

I.A. as well as S.A. as after the agreement,
now nothing survives in the SA, the same

is hereby disposed off.

geomanage consultancy services Pvt. Ltd. and Ors. v. Co.

Case brief

What is this about?

What did the court decide?

geomanage consultancy services Pvt. Ltd. and Ors. v. Co.

Case brief

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What did the court decide?

What the court decided

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