NEO BUILDER AND DEVELOPERS Vs. UMESH KANTILAL PARIKH

JUDGEMENT

(1.) Admit. With the consent of the learned counsel for parties, the appeal is taken up for hearing.

(2.) The Appeal is filed challenging the order dtd. 30/10/2018 passed by the City Civil Court partly allowing Notice of Motion No.1476/2018 filed by Respondent Nos. 1 to 4 / Original Plaintiffs. By the order impugned in the Appeal, the City Civil Court has restrained the Appellants from alienating or transferring or parting with possession of 5 flats in the new building with the aggregate area equal to 97.97 sq.mtr. The City Civil Court has further directed Defendant Nos.1 and 2 to deposit sum towards temporary alternate accommodation at the rate of Rs.130.00 per sq.ft. from the month of April 2018 onwards during pendency of suit or till handing over possession of permanent alternate accommodation.

(3.) Plaintiffs were occupants and tenants of Room Nos.1, 2, 3 and 8 on 1stfloor of the building 'Mani Bhavan' situated at 81/83, Nanubhai Desai Road, Girgaon Division, 'D' Ward, Mumbai - 400 004. Defendant Nos.1 to 3 are developers who are developing the building 'Mani Bhavan'. For redevelopment of the building, Permanent Alternate Accommodation Agreement (PAAA) dtd. 8/7/2010 came to be executed with the Plaintiffs. It appears that total area in occupation of the Plaintiffs in the building Mani Bhavan was 80.39 sq.mtr. (carpet area) which is equivalent to 97.97 sq.mtr. built up area. Plaintiffs are aggrieved by failure on the part of Defendant Nos.1 to 3 to allot permanent alternate accommodation with built up area of 97.97 sq.mtr. and additional area out of fungible FSI sanctioned to the developers in respect of Plaintiff's old premises. Plaintiffs are also aggrieved by non-payment of transit rent as per PAAA executed with them. With these grievances, the Plaintiffs have filed Suit No.2588/2018 before the City Civil Court. In their Suit, Plaintiffs filed Notice of Motion No.1476/2018 for grant of temporary injunction. By order dtd. 30/10/2018, the City Civil Court has partly allowed Notice of Motion No.1476/2018 by passing the following order :