Chandka 1 NMS-559-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 559 OF 2011 IN SUIT NO. 418 OF 2011 Kantilal Prabhudas Mehta & Anr. ..Plaintiffs versus Anupam Land & Housing Co. & Ors. ..Defendants Mr. Uday Bobde with Mr. V. V. Khemka i/b. A. Q. Motiwala for Plaintiff in support. Mr. V. R. Dhond with Mr. Sanjay V. Kadam i/b. Kadam & Co. for Defendant Nos. 1 to 3 to show cause. Mr. P. G. Lad for Defendant No. 4. CORAM : DR. D. Y. CHANDRACHUD, J. 07 March 2011. P.C. : At the hearing of the Notice of Motion, the learned counsel appearing on behalf of the Plaintiffs and learned counsel appearing on behalf of the First, Second and Third Defendants, who are the contesting parties are agreed to the following order being passed with the consent of the parties Chandka 2 NMS-559-2011 and on the instructions of the respective parties who are present before the Court:- 1. In fulfillment of the obligation of the First, Second and Third Defendants under the Development Agreement dated 10 July 2002 as modified by the Supplementary Agreement dated 4 May 2004, the First, Second and Third Defendants agree and undertake to the Court to provide to the Plaintiffs free of costs, on ownership basis two residential flats being flat No. 1701 and 1702 to be constructed on the suit property. Counsel for the First, Second and Third Defendants agree and undertake to obtain necessary municipal sanctions and permissions for carrying out the construction in accordance with law. 2. Upon the completion of the construction of flat Nos. 1701 and 1702, parties shall by mutual agreement have the said two flats measured by a common Architect and in the event that parties are unable to agree to a common Architect to have the measurement carried out by an Architect to be nominated by the Prothonotary & Senior Master. 3. In the event that there is any shortfall in the carpet area below Chandka 3 NMS-559-2011 1583 sq. ft., the First, Second and Third Defendants shall also allot to the Plaintiffs Flat No. 1603 on the 16th floor of the building. The Plaintiffs shall pay to the First, Second and Third Defendants an amount computed at the rate of Rs.20,000/- per sq. ft. for flat No. 1603 (after giving due credit to the Plaintiffs of the area of the shortfall, if any, in respect of flat Nos. 1701 and 1702). 4. The payment to be made by the Plaintiffs to the First, Second and Third Defendants in respect of the allotment of flat No. 1603 shall be at the time when vacant and peaceful possession of the flat is handed over by the First, Second and Third Defendants upon receipt of the Occupation Certificate. The Plaintiffs shall also refund to the First, Second and Third Defendants the security deposit of Rs.17 lacs at that stage. 5. The Plaintiffs would be entitled to two car parking spaces in respect of flat Nos. 1701 and 1702 and one car parking space in respect of flat No. 1603. The Plaintiffs shall pay an amount of Rs.4 lacs for the car parking space allotted for flat No. 1603. Chandka 4 NMS-559-2011 6. The First, Second and Third Defendants agree and undertake not to dispose of, alienate or create any third party interests in respect of flat Nos. 1701, 1702 and 1603. The Motion is accordingly disposed of since no other point is pressed in view of the agreement between the parties. (Dr. D. Y. Chandrachud, J.)