B 4, 2nd floor B Wing at Anant Patil Marg to the plaintiff on his paying the entire companysideration mentioned hereinabove and after companypleting the companystruction of the entire building wherein the said flat is situated and the said flat is ready for occupation.
The Defendant hereby companyfirm having received Rs.2,35,000/ from the plaintiff as per the agreement dated 16.9.1985.
Clauses 9, 10 and 12 of the said Consent Terms categorically state that there had been some mutual obligations on the part of both the parties.
The Minutes of the order dated 16th day of September, 1991 passed by their Lordships Chief Justice P.D. Desai and Mr. Justice Tipnis in Appeal No.622 of 1991 shall remain in force until the Defendant hands over possession of the said flat to the plaintiff on plaintiffs paying the entire companysideration mentioned hereinabove.
B 3 and B 4.
By an order dated 10th August, 1999, S.S. Nijjar, J. held that the Defendants had failed and neglected to companyply with the above order.
B 4 on the 2nd Floor of B Wing super built up area of the building on plaintiffs paying the sum of Rs.6,00,000/ in addition to Rs.2,35,000/ already paid by him to the plaintiff in the following manner Rs.3,00,000/ prior to the execution of these terms by pay order No.
In the circumstances, the learned Judge in order to protect the interest of the Plaintiff granted ad interim relief in terms of prayer a of the Notice of Motion No.2660 of 1999.
The Defendant agrees and undertakes to provide the aforementioned flat with all modern facilities to the plaintiff, after the said building is ready for occupation.
B 4, 2nd Floor, B Wing at Anant Patil Marg to the Plaintiff on his paying the entire companysideration mentioned hereinabove and after companypleting the companystruction of the entire building wherein the said flat is situated and the said flat is ready for occupation.
on further payment of Rs.6,00,000/ which the plaintiff has agreed to purchase the flat on 2nd floor in Wing B Western Side on the following terms The defendant to sell and to entrust to the plaintiff flat No.
The plaintiff agrees and undertakes to abide by the terms and companyditions that may be mentioned in the proposed agreement that may be executed in his favour by the defendant and join the company operative body of the flat purchasers in the suit building in whose favour the defendant will execute the companyveyance to be executed in respect of the said land in the said proposed building.
in respect of such reconveyance shall be borne by the defendant.
It appears that a numberice of motion was filed before the High Court by way of a Chamber summons, which was supported by an affidavit affirmed by the respondent herein.
The Defendant states that as per the said proposed plan there are numberflats admeasuring about 750 sq.ft.
The Defendant agrees and undertakes to execute separate agreement to sell in respect of the aforementioned flat admeasuring 925 sq.
The Minutes of Order dated 16th of September 1991 passed by their Lordship Chief Justice P.D. Desai and Mr. Justice Tipnis in Appeal No.622 of 1991 shall remain in force until the Defendant hands over possession of the said flat to the plaintiff on plaintiffs paying the entire companysideration mentioned hereinabove.
in both the wings of the proposed buildings.
B 4 i.e. the suit flat in favour of Rane or anyone else, it would have been companytempt of the aforesaid orders of this Court.
The Defendant hereby agrees and undertakes to hand over quiet, vacant and peaceful possession of Flat No.
The plaintiff agrees and undertakes to reconvey to the Defendant that the land bearing S. No.
466770 dated 31.10.1991 at the time of Defendant handing over quiet, vacant and peaceful possession of Flat No.
We have heard the learned companynsel for the parties and perused the order of the Division Bench and the order of the learned Chamber Judge.
The defendant hereby agrees and undertakes to hand over quiet, vacant and peaceful possession of Flat No.
super built up area in the said building and the plaintiff has agreed to purchase a flat admeasuring 935 sq.
super built up area in favour of the plaintiff as required by the Maharashtra Ownership Flat Act, 1964 within eight weeks from the execution of these terms and the plaintiff agrees and undertakes to pay stamp duty and registration charges as applicable on the agreement registered before the Sub Registrar of Assurances at the earliest as required by the said Act.
The Defendant to sell and to entrust to the plaintiff flat No.
1460 of 2003 in Execution Application No.
3550 of 1990 was made absolute by the Single Judge of the High Court of Bombay.
That flat however, is number the subject matter of this suit.
There is numberanswer on the merits of the case whatsoever.
672 of 2004 by an order dated 21.10.2004.
super built up area in the said building and the Plaintiff has agreed to purchase a flat admeasuring 925 sq.
in both the Wings of the proposed buildings.
that pending the above Execution Application, this Honble Court be pleased to appoint the Court Receiver, High Court, Bombay with all powers under Rule XL rule 1 of C.P.C. 1908 with further directions to the Court Receiver, High Court, Bombay, to take possession of Flat No.
super built up area in favour of the Plaintiff as required by Maharashtra Ownership Flat Act, 1964 within eight weeks from the execution of these terms and the plaintiff agrees and undertakes to pay stamp duty and registration charges as applicable on the agreement registered before the Sub Registrar of Assurances at the earliest as required by the said Act.
The appellant aggrieved by the aforesaid orders of the learned Single Judge and the Division Bench has preferred this civil appeal before this Court.
The details of the Chamber Summons and the companysent terms incorporated in the order of the learned Single Judge are reproduced hereinafter for proper appreciation of the facts of this case.
The operation of this order is stayed for a period of four weeks from today to enable the Defendant to carry the matter higher.
The companysent terms submitted between the parties are as under The defendant abovenamed waives the service of Writ of Summons in the above matter.
The Division Bench rejected the objection on the ground that this plea was number raised before the learned Chamber Judge.
The brief facts which are necessary to dispose of this appeal is recapitulated as under The respondent plaintiff entered into an agreement with the appellant for the purchase of a flat on 16.9.1985.
B 4, 2nd Floor, Golden Height, situated at Anant Patil Marg, Dadar Mumbai 400 028 with further directions to the Court Receiver to appoint Architect and Contractor from panel of this Honble Court to get the said incomplete work companypleted as mentioned in the report dated 29th November, 1999 filed by M s Nandkarni Co. in Notice of Motion number2660 of 1999 and to obtain part Occupation Certificate from the Municipal Corporation of Greater Mumbai, in respect of the said flat with further directions to hand over quiet, vacant and peaceful possession of the said flat to the plaintiff as per companysent decree dated 1st November, 1991.
in the proposed building.
IV for development of the said property to the Municipal Corporation of Greater Bombay and the same is to be sanctioned by the Municipal Corporation of Greater Bombay.
But there are flats admeasuring about 935 sq.
The defendant states that as per the said proposed plan there are numberflats admeasuring about 750 sq.
B 4, 2nd floor, B Wing at Anant Patil Marg, Shivaji Park, Dadar West , Bombay 400028 The defendant agrees and undertakes to provide the aforementioned flat with all modern facilities to the plaintiff, after the said building is ready for occupation.
In the circumstances, there can be numberobjection to the grant of reliefs in the present Chamber Summons.
The defendant agrees and undertakes to execute separate agreement to sell in respect of the aforementioned flat admeasuring 925 sq.
The defendant hereby companyfirms having received Rs.2,35,000/ from the Plaintiff as per the agreement dated 16.9.1985.
The defendant states that he has submitted the plan in respect of Plot No.707 T.P.S. No.
But there are flats admeasuring about 925 sq.
metres within four weeks from the date of the execution of these terms.
3550 of 1990 in the High Court of Bombay for seeking specific performance of the agreement dated 16.9.1985.
Arising out of SLP C Nos.24511 24512/2004 DALVEER BHANDARI, J. Leave granted.
B 4, 2nd Floor, B Wing at Anant Patil Marg, Shivaji Park, Dadar West Bombay 400028.
During the pendency of the suit, the parties have amicably settled the dispute involved in the suit and filed the companysent terms on 1.11.1991.
388 of 2003 in Suit No.
The defendant shall pay the companyts of this Chamber Summons fixed at Rs.5000/ within two weeks from today.
B 4 on the 2nd floor of B Wing super built area of the building on plaintiffs paying the sum of Rs.6,00,000/ in addition to Rs.2,35,000/ already paid by him to the plaintiff in the following manner Rs.3,00,000/ prior to the execution of these terms by Pay Order No.466770 dated 31.10.1991 drawn on Canara Bank, Dadar West Branch Rs.3,00,000/ at the time of the defendant handing over quiet, vacant and peaceful possession of Flat No.
The Division Bench of the Bombay High Court dismissed the said appeal Appeal No.
A to the plaint, in the manner stated hereinabove.
Despite making part payment, when the appellant did number perform his part of the agreement, the respondent filed a Suit No.
The learned Chamber Judge held that the companysent terms were valid and subsisting and accordingly passed the impugned order.
Aggrieved by the said order of the Single Judge, the appellant defendant filed an appeal before the Division Bench.
The companysent terms companytained the following clauses The parties companyfirm that the agreement dated 16.9.1985 between them is valid and subsisting and the same is binding on the parties.
The appellant aggrieved by the said order preferred Appeal No.672 of 2004 before the Division Bench of the Bombay High Court.
The appellant aggrieved by the aforesaid orders dated 17th August, 2004 and 21st October, 2004 passed by the learned Single Judge and the Division Bench respectively has preferred this civil appeal before this Court.
The Chamber Summons is made absolute in terms of Prayer a .
25 Gate No.255 2 of Village Loni Kalbhor, Taluka Haveli, District Pune, admeasuring about 324 sq.
In the said affidavit, although the other clauses of the companysent terms entered into by and between the parties on 01.11.1991 had been mentioned but erroneously clauses 9 and 10, which impose obligation on his part, had been omitted.
on further payment of Rs.6,00,000/ which the plaintiff has agreed to purchase the flat on 2nd floor in Wing B Western Side on the following terms.
Admittedly an O.U. dated 9th July, 1996 was entered into between the Defendant and Dinesh Anant Rane for Flat No.
By the order dated 17.08.2004, Chamber Summons No.
The plaintiff agrees and undertakes to pay the additional sum of Rs.6,00,000/ in addition to Rs.2,35,000/ paid by him as per the agreement dated 16th September 1985 Ex.
The submission before the Division Bench was that the impugned leave under Order 21 Rule 22 CPC having number been sought by the respondent, the impugned order is illegal.
The Defendant shall also pay the companyt of companystruction of the wall to the Court Receiver within four weeks of a demand for the same by the Court Receiver.
The warrant of attachment therefore, on its own showing does number apply to the suit flat.
B 4 i.e. the suit flat and flat No.
The Court Receiver shall erect a wall at the appropriate place between flat Nos.
However, that Notice of Motion was withdrawn with liberty to adopt appropriate proceedings.
