IN THE HIGH COURT OF JUDICATURE IN THE HIGH COURT OF JUDICATURE IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT BOMBAY AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SHOW CAUSE NOTICE NO.963 OF 2006 SHOW CAUSE NOTICE NO.963 OF 2006 SHOW CAUSE NOTICE NO.963 OF 2006 IN IN IN JUDGES ORDER NO.260 OF 2006 JUDGES ORDER NO.260 OF 2006 JUDGES ORDER NO.260 OF 2006 IN IN IN EXECUTION APPLICATION NO.314 OF 2006 EXECUTION APPLICATION NO.314 OF 2006 EXECUTION APPLICATION NO.314 OF 2006 IN IN IN AWARD DATED 22/3/2005 AWARD DATED 22/3/2005 AWARD DATED 22/3/2005 IN IN IN CASE NO.77 OF 2003 CASE NO.77 OF 2003 CASE NO.77 OF 2003 Gahlot Development Services Pvt. Ltd....Petitioner/claimant Gahlot Development Services Pvt. Ltd....Petitioner/claimant Gahlot Development Services Pvt. Ltd....Petitioner/claimant Vs. Vs. Vs. Babar Estate Pvt. Ltd. & Ors. ...Respondents Babar Estate Pvt. Ltd. & Ors. ...Respondents Babar Estate Pvt. Ltd. & Ors. ...Respondents Mr.Swapnil Bangure i/b. Vinod Mistry & Co. for Claimant Mr.Swapnil Bangure i/b. Vinod Mistry & Co. for Claimant Mr.Swapnil Bangure i/b. Vinod Mistry & Co. for Claimant Ms. S.T. Shaikh i/b. S.K. SRivastava & Co. for Respondents 1 Ms. S.T. Shaikh i/b. S.K. SRivastava & Co. for Respondents 1 Ms. S.T. Shaikh i/b. S.K. SRivastava & Co. for Respondents 1 and 2 and 2 and 2 Ms. Aarati T. i/b. Viraj Maniar & Asso. for Respondent No.3 Ms. Aarati T. i/b. Viraj Maniar & Asso. for Respondent No.3 Ms. Aarati T. i/b. Viraj Maniar & Asso. for Respondent No.3 CORAM: SMT. ROSHAN DALVI,J. CORAM: SMT. ROSHAN DALVI,J. CORAM: SMT. ROSHAN DALVI,J. DATED: 8TH JANUARY, 2007 DATED: 8TH JANUARY, 2007 DATED: 8TH JANUARY, 2007 P.C. P.C. P.C. 1. The parties have entered into the Consent Terms on 1. The parties have entered into the Consent Terms on 1. The parties have entered into the Consent Terms on 11th March, 2005. Under the Consent Terms the Respondents 11th March, 2005. Under the Consent Terms the Respondents 11th March, 2005. Under the Consent Terms the Respondents were to pay the Claimants Rs.80 Lakhs and construct 5 shops were to pay the Claimants Rs.80 Lakhs and construct 5 shops were to pay the Claimants Rs.80 Lakhs and construct 5 shops admeasuring 1500 sq. ft. build-up area. The amount has admeasuring 1500 sq. ft. build-up area. The amount has admeasuring 1500 sq. ft. build-up area. The amount has been paid. The shops have been constructed. There is been paid. The shops have been constructed. There is been paid. The shops have been constructed. There is therefore, sufficient compliance of the Consent Terms. The therefore, sufficient compliance of the Consent Terms. The therefore, sufficient compliance of the Consent Terms. The possession of the 5 shops however have not been handed over possession of the 5 shops however have not been handed over possession of the 5 shops however have not been handed over to the claimants. Under Clause 5 of the Consent Terms the to the claimants. Under Clause 5 of the Consent Terms the to the claimants. Under Clause 5 of the Consent Terms the Claimants are entitled to use, occupy, possess and carry out Claimants are entitled to use, occupy, possess and carry out Claimants are entitled to use, occupy, possess and carry out day to day business in the 5 shops without obstruction or day to day business in the 5 shops without obstruction or day to day business in the 5 shops without obstruction or interruption from the Respondents. Under Clause 10 of the interruption from the Respondents. Under Clause 10 of the interruption from the Respondents. Under Clause 10 of the Consent Terms the Respondents have agreed to allow the Consent Terms the Respondents have agreed to allow the Consent Terms the Respondents have agreed to allow the claimants to make their furniture and fixtures and also claimants to make their furniture and fixtures and also claimants to make their furniture and fixtures and also agreed to provide electric meters and water supply. agreed to provide electric meters and water supply. agreed to provide electric meters and water supply. 2. The Respondents have handed over possession of the 5 2. The Respondents have handed over possession of the 5 2. The Respondents have handed over possession of the 5 shops to the Sheriff’s Bailiff. Occupation Certificate for shops to the Sheriff’s Bailiff. Occupation Certificate for shops to the Sheriff’s Bailiff. Occupation Certificate for the construction of the 5 shops is not obtained. The the construction of the 5 shops is not obtained. The the construction of the 5 shops is not obtained. The Respondents agree and undertake to apply for the Occupation Respondents agree and undertake to apply for the Occupation Respondents agree and undertake to apply for the Occupation Certificate by 20th January, 2007. A part of the Judges Certificate by 20th January, 2007. A part of the Judges Certificate by 20th January, 2007. A part of the Judges Order now sought by the Claimants is already complied with. Order now sought by the Claimants is already complied with. Order now sought by the Claimants is already complied with. The further part which is now claimed by the claimants is The further part which is now claimed by the claimants is The further part which is now claimed by the claimants is for handing over possession of 5 shops to the Claimants. At for handing over possession of 5 shops to the Claimants. At for handing over possession of 5 shops to the Claimants. At present and until the occupation certificate is obtained the present and until the occupation certificate is obtained the present and until the occupation certificate is obtained the claimants would not be entitled to their rights under Clause claimants would not be entitled to their rights under Clause claimants would not be entitled to their rights under Clause 5 of the Consent Terms. They are entitle to their rights 5 of the Consent Terms. They are entitle to their rights 5 of the Consent Terms. They are entitle to their rights under Clause 10 of the Consent Terms. under Clause 10 of the Consent Terms. under Clause 10 of the Consent Terms. 3. Hence, the following order : 3. Hence, the following order : 3. Hence, the following order : 1. The Sheriff’s Bailiff shall hand over vacant 1. The Sheriff’s Bailiff shall hand over vacant 1. The Sheriff’s Bailiff shall hand over vacant possession of the 5 shop premises constructed by the possession of the 5 shop premises constructed by the possession of the 5 shop premises constructed by the Respondents to the Claimants. Respondents to the Claimants. Respondents to the Claimants. 2. The Claimants shall not commence to use, 2. The Claimants shall not commence to use, 2. The Claimants shall not commence to use, occupy and carry on day to day business in the 5 occupy and carry on day to day business in the 5 occupy and carry on day to day business in the 5 shop premises until Occupation Certificate is shop premises until Occupation Certificate is shop premises until Occupation Certificate is obtained. obtained. obtained. 3. The Claimants shall be entitled to make 3. The Claimants shall be entitled to make 3. The Claimants shall be entitled to make their furniture and fixtures therein. their furniture and fixtures therein. their furniture and fixtures therein. 4. The Respondents shall apply for the 4. The Respondents shall apply for the 4. The Respondents shall apply for the Occupation Certificate on or before 20th January, Occupation Certificate on or before 20th January, Occupation Certificate on or before 20th January, 2007. 2007. 2007. 5. The Respondents shall give a copy of the 5. The Respondents shall give a copy of the 5. The Respondents shall give a copy of the application to the Claimants. application to the Claimants. application to the Claimants. 6. The Show cause Notice is disposed of 6. The Show cause Notice is disposed of 6. The Show cause Notice is disposed of accordingly. accordingly. accordingly. (SMT. ROSHAN DALVI, J.) (SMT. ROSHAN DALVI, J.) (SMT. ROSHAN DALVI, J.)