ATHARVA ENTERPRISES Vs. SBI STAFF MAITRIMURTI CHS LTD

JUDGEMENT

(1.) In terms of the order dtd. 3/5/2023, the Court Receiver has tendered his report dtd. 25/5/2023 which is taken on record. The order passed on 3/5/2023 revolve around two flats i.e. flat no.9 owned by respondent no.2 and flat no.5 owned by respondent no.3. Since it is noted by the Court that the two respondents are obstructing the redevelopment by not handing over the possession, on 28/4/2023, the Court recorded a clear finding that the respondent nos.2 and 3 are holding the redevelopment, due to which serious prejudice is caused to 43 members/occupants who have already vacated their premises and this approach cannot be continued. The Court also recorded that Mr.Godbole, the learned Senior counsel appearing for the developer had agreed that he shall execute registered PAA with the respondents, on the same terms and conditions which was entered with the other occupants. His undertaking was also recorded to the effect that transit rent, corpus fund etc, shall be paid to respondent nos.2 and 3.

(2.) In furtherance of the order dtd. 3/5/2023, the Court Receiver visited the premises and faced obstruction at the instance of respondent no.3. The report clearly record the happenings of the events when the Court Receiver visited the site on 22/5/2023 to comply the directions issued by the Court along with police official. As far as flat no.5 is concerned, which is situated on the first floor, it was found to be in closed condition with the name plate being affixed to the main door and safety grill was locked. On knocking, the daughter of respondent no.3 Beatrice Bhadolekar was found to be present and when she was asked to vacate, she refused to do so and informed that her mother is staying there and she is not feeling well. She also stated that she was unaware of the order passed by the Court.

(3.) As far as flat no.9 occupied by respondent no.2 is concerned, there was some dissension with the developer about the amounts being received in lieu of the premises being vacated, but without going into the same, Mr.Godbole, during the course of hearing, has handed over 14 cheques which comprise of the amount payable towards rent, corpus fund, brokerage and shifting charges. Learned counsel for the respondent no.2 has accepted the cheques and on receipt thereof, he undertake that flat no.9 shall be vacated by respondent no.2 before 5.00 p.m. on 9 th June 2023. As far as execution of PAA is concerned, learned counsel for the respondent no.2 has raised certain objection about certain clauses in the said agreement, but he would submit that without prejudice to his rights which are permitted to be agitated before the sole arbitrator, since the arbitration has been invoked by the petitioner, the PAA shall be executed within a period of one week from handing over the possession of the premises.