Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010066512019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.2414 OF 2019
IN
S.C. SUIT NO.2319 OF 2013
M/s. Runwal Constructions
Runwal & Omkar Esquare ...Applicant.
In the matter between
Mr. Sunil Sachu Bablani and another. ...Plaintiffs.
Versus
M/s. Runwal Constructions
Runwal & Omkar Esquare. … Defendants.
Appearance:
Adv. B. R. Dalal for plaintiff.
Adv. Kruti Thorat for defendant.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 4th January, 2023
ORAL ORDER
Perused averments and heard both advocates for the parties.
Defendant has taken out this notice of motion for rejection of plaint
under Order 7 Rule 11 of the Code of Civil Procedure, wherein it is
alleged that the plaintiffs have not valued the suit and did not pay
proper Court fees. The learned advocate appearing for defendant would
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ORDER ..2..
submit that the subject matter of suit is under valued and no proper
Court fees is paid. She further submits that the plaintiffs have claimed
decree for specific performance of contract. Therefore, plaintiffs are
required to pay Court fees as per market value of suit property.
2. On the other hand, the learned advocate appearing for plaintiffs
would submit that suit is filed seeking performance of obligation under
MOFA Act and therefore, the Court fees paid by plaintiffs is proper and
correct.
3. The plaintiffs have filed suit under the provisions of Specific
Relief Act, seeking directions against defendant to perform the terms
and conditions of the allotment letter.
4. In this backdrop, it is just and necessary to examine whether the
suit comes within the purview of provisions of MOFA. For that purpose
it is necessary to consider what are the pleading claimed in substance,
the relief claimed therein. Admittedly, suit is between plaintiffs i.e., flat
purchasers and developer. The plaintiffs have alleged breach on the part
of defendant to comply the terms and conditions of allotment letter. The
plaintiffs seek directions for execution of agreement in terms of
allotment letter. From the plain reading of averments in the plaint it is
seen that plaintiffs are seeking performance of statutory obligation by
the defendant under MOFA Act. The present suit is not governed under
section 6(xi) because contract contemplated under section 6(xi) has
nothing to do with statutory obligation. Therefore, the contention of
defendant that subject matter of the suit is susceptible to monetary
evaluation cannot accept. The plaintiffs have valued the suit and paid
proper Court fees. There is no merit in the notice of motion. Hence
deserves to be rejected. In the result, following order is passed.
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ORDER ..3..
ORDER
Notice of Motion No. 2414 of 2019 is hereby rejected with no
order as to costs.
(R.R. Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 04.01.2023
Typed on : 04.01.2023
HHJ signed on : 04.01.2023
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ORDER ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 04.01.2023, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R. Patare.
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
04.01.2023
JUDGMENT/ORDER signed by P.O.
on
04.01.2023
JUDGMENT/ORDER uploaded on 04.01.2023
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