RITA MILAN KAMDAR Vs. COLLECTOR, PALGHAR

JUDGEMENT

(1.) The Petitioners - Rita Milan Kamdar, widow of Milan Kamdar and her two children have filed the above Writ Petition No.3568 of 2021 seeking the following relief :

(2.) Since the Partners of Respondent No.4 Developers, Shri Raju Sulire and Shri Ashok Ram Pandey were not returning the amount due to be refunded to the Petitioners and the Tahsildar, Vasai, was not taking any action in execution of the Orders passed by MAHARERA, this Court by its Order dtd. 18/8/2021, directed the said Developers to file an Affidavit before 25/8/2021, disclosing the details of Income Tax Returns, Bank Accounts etc., as set out in paragraph Nos.3 and 4 of the said Order dtd. 18/8/2021.

(3.) On 25/8/2021 the Developers informed the Court that they are settling the matter with the Petitioners and accordingly tendered Consent Minutes of Order in Court, wherein they gave the following undertakings to the Court, which the Court had accepted : (i) that the Shop Nos.21 and 22 in Wing D, Ground Floor, in the building known as Mandar Avenue, Avenue F-1, having Survey Nos.5, 5B, 5F, 5G, 5D, admeasuring about 190 sq.ft. and 300 sq.ft. respectively, situated at Village Dongare, Taluka Vasai, District Palghar, have a clear and marketable title, free from any encumbrances; (ii) that the Developers Shri Raju Sulire and Shri Ashok Ram Pandey will enter into an Agreement for Sale (Sale Deed) with the Petitioners in respect of the said two shops and put the Petitioners in possession thereof by 30/8/2021, and an amount of Rs.60.00 Lakhs would be adjusted from the total dues of Rs.90.00 Lakhs agreed to be paid by the Developers to the Petitioners; (iii) that the Developers shall pay an amount of Rs.30.00 Lakhs to the Petitioners within a period of four weeks from the date of passing of the Order dtd. 25/8/2021.