Petition(s) for Special Leave to Appeal (C) No(s). 22608/2019 (Arising out of impugned final judgment and order dated 21-08-2019 in CA No. 414/2019 passed by the High Court of Judicature at Bombay)
JALPA KETAN DOSHI & ANR. VERSUS Petitioner(s)
H. RISHABRAJ DEVELOPERS & ANR. VERSUS Respondent(s)
(FOR ADMISSION and I.R. and IA No.144575/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 30-09-2019 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
For Petitioner(s) :
Mr. Shyam Divan,Sr.Adv.
Mr. Prem Kumar R. Pandey,Adv.
Mr. Anjani Kumar Singh,ADv.
Dr. Ajay Kumar,Adv.
Mr. Prithvi Pal, AOR
For Respondent(s) :
Ms. Astha Sharma, AOR
Mr. Prastut Dalvi,Adv.
Ms. Kajal Dalal,Adv.
Mr. Sunil Fernandes, AOR
Mr. Tushar Gujjar,Adv.
Ms. Nupur Kumar,Adv.
UPON hearing the counsel the Court made the following O R D E R
Mr. Sunil Fernandes and Ms. Astha Sharma, learned counsel,
appear and accept notice for the caveator(s).
Heard learned counsel for the parties. It is agreed that:-
1. The petitioners shall handover the vacant possession of the property in question, within one month from today. However, the petitioners shall furnish an undertaking to this effect, within seven days.
2. Respondent No.1 has undertaken to deliver the possession after the construction, after lapse of 30 months period. Let an undertaking be furnished to this effect, within four weeks from today. In case any extension of time is required then it would be open to Respondent No.1 to apply to this Court on sufficient ground.
3. As soon as possession is handed over the hardship amount and monthly rental shall be paid, as fixed in the agreement.
4. Supplementary agreement shall be executed, within four weeks from today, by the petitioner with Respondent No.1. Similar agreement to be executed as has been executed with others.
The special leave petition is, accordingly, disposed of. Pending application(s), if any, shall stand disposed of.