Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Ord. in NM no.395119 in Suit no.824 of 19
MHCC010109062019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER IN NOTICE OF MOTION NO.3951 OF 2019
CNR NO.MHCC010109062019
IN
SUIT NO.824 OF 2019
1. Mrs.Anwari Begaum & Ors. ...Plaintiffs
V/s
1.Bombay Dyeing Pvt. Ltd. Co. & Anr. ....Defendants.
CORAM : HIS HONOUR JUDGE
SHRI KISHORE M. JAISWAL
(COURT ROOM NO.01)
DATE : 5th DAY OF MAY, 2022
Adv. Suresh Gole for the plaintiffs
Adv. Chitra Burade for defendants no.3 and 4.
ORAL ORDER
This notice of motion is taken out by the plaintiffs for
directing the defendants no. 1 and 2 to comply with the terms of
agreement dated 28/07/2010 annexed at Exhibit 'B' and pay the
relaxation compensation mentioned therein to the plaintiffs.
2. This notice of motion is supported by an affidavit being
executed by Mohd. Hadis Mohd.Isshak. While opposing the notice of
motion defendants no. 3 and 4 have filed the reply on affidavit being
executed by Mohd. Uunus. Heard learned advocate of both the sides.
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2 Ord. in NM no.395119 in Suit no.824 of 19
3. On perusal of the record, it is pertinent to note that on
16/4/2019 the amount of rent payable under clause 4 of the
agreement is ordered to be deposited in the Court and on 30/4/2019
demand draft is being deposited in the Court. It is pertinent to note
that the execution of said agreement dated 15/7/2010 between Mr.
Mohmed Isahak Sher Mohamed and SCAL Services Limited along
with all assets, advances and liabilities is not disputed and as per
order in chamber summons dated 17/2/2020 they have been brought
on record. In my opinion as assets and liabilities are taken over by
the new defendant no.1 they are bound by the agreement Exhibit 'B'
annexed to the plaint. It is agreed and as specifically being
mentioned in page no 2 and 3 of the agreement it is been confirmed
that the defendant no.1 entered into an agreement with plaintiffs
father and accordingly plaintiff has vacated the suit premises and
handed for redevelopment. As per the record, defendant no.1 even
has paid relaxation compensation till 2017. The suit agreement
specifically provides relaxation compensation and alternative
permanent accommodation flat in newly constructed building. The
defendants no. 3 and 4 has raised the issue about the fact that there
is an arbitration clause. In my opinion, neither original defendant
no.1 nor the new defendant has raised that issue and the previous
order dated 16/4/2019 and 30/4/2019 prima facie shows about
deposit of the amount by defendant no.1. Therefore, at this stage, the
same cannot not looked into hence as, suit will take its own time for
final disposal and, considering this. In view of the agreement on
record, I pass the following order.
ORDER
Notice of motion no. 3951/2019 is allowed
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3 Ord. in NM no.395119 in Suit no.824 of 19
and made absolute in terms of prayer clause (a) .
Notice of motion is disposed of accordingly.
(Kishore M. Jaiswal)
Judge, City Civil & Sessions
Date:.05.05.2022 Court, Gr.Mumbai (C.R.No.1)
Dictated on : 05.05.2022
Transcribed on : 05..05.2022
Signed on : 05. 05.2022
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4 Ord. in NM no.395119 in Suit no.824 of 19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE:09.05.2022 NAME OF STENOGRAPHER(GI)
Mrs. V. V. Mhatre
TIME:
Name of the Judge (With Court room no.) HHJ Shri Kishore M. Jaiswal.
(Court Room No.1)
Date of Pronouncement of JUDGEMENT/ORDER 05.05.2022
JUDGMENT/ORDER signed by P.O. on 05.05.2022
JUDGEMENT/ORDER uploaded on 09.05.2022
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