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Mumbai: The Bombay High Court Gave relief to 78 buyers of a stalled flat RNA Palazzo project, accepting his plea for self-development of the project.
The order by a single judge bench of Justice Riyaz Chagla came after the association and the builder, east and west developersOn Tuesday agreed to pass such an order. This comes as a big and unusual relief for flat buyers RNA Palazzoa residential project in Kandivali,
The High Court appointed the flat buyers’ association as the agent of the court receiver to take charge of the project and develop the remaining portions on its own.
The decision came after a group of over 75 flat buyers formed an association and filed a lawsuit against the developer. He sought orders for specific performance by the builder of his agreements for the flats. The association had filed an application for interim relief in the litigation in 2018 and submitted through their lawyers Mayur Khandeparkar and Sneha Prabhu that a court receiver be appointed to complete the project.
The builder, represented by advocates Nilesh Ojha and Tanveer Nizam, agreed to pass the order in the partially constructed project up to the 14th floor.
“Of course, there has been no construction activity since the year 2012,” Justice Chagla said. “On August 19, 2019, the counsel appearing for builder Anubhav Agarwal, who was present in the court, stated that he has agreed to appoint a court receiver to complete the project,” the order said.
Thereafter, the matter was adjourned from time to time to consider the conditions on the basis of which a court receiver may be appointed.
The association and the builder agreed to appoint a court receiver and it would be entrusted with “selling, transferring, entering into agreements with third parties, making and receiving payments and completing the construction through self-development and project.” agreed to hand over to the Association” with powers to carry out ,
With the appointment of the court receiver and the association taking over, it is now expected that the project will finally be completed, and flat buyers will be able to move into their homes, said Prabhu on Thursday, when the order was made available.
The construction of the remaining 27 floors is estimated to cost over Rs 40 crore.
Nilesh Ojha, counsel for the builder, submitted that there are pending cases filed by the flat buyers in connection with the construction of the project and the association has taken over the construction work, there is a need to address the grievances raised by the flat buyers. Organization.
The HC disposed of the interim application, noting that it was keeping the rest of the issues open and would hear both the sides later.
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