DRAFT AS ON 30.3.

2021

AMENDED AS ON 15.04.2021

PRELIMINARY DRAFT FOR DISCUSSION PURPOSE

ONLY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURSIDICTION

SUIT NO. OF 2021

1. Rohan Jagdish Sawant

Indian Inhabitant residing at

A wing, Room no - 21,

Shrey Anand , Dhokali Naka,

Near Shruti Park,

Thane(West) – 400607.

2. Sunil Waman Sukale

Indian Inhabitant residing at

Flat No. 1571,B- Wing, Bldg. No. 50,

Shree Ganesh Prasad CHS, Nehru Nagar,

Kurla(East), Mumbai- 400024

3. Nagesh Vasudeo Gangan

Indian Inhabitant residing at

1/79,Anand Estate, Sane Guruji Marg,

Ganacharya Chowk .

1
4. Rajendra Pandurang Chavan

Indian Inhabitant residing at

404, Jigna Arcade CHSL,

Next to Bonkode Petrol Pump,

Plot No. 5, Sector 13, Koparkhairane,

Navi Mumbai - 400709.

5. Prathamesh Maruti Parab

Indian Inhabitant residing at

F-wing , Room Number 1305,

Dr Babasaheb Ambedkar Nagar Hsg Soc. Ltd,

Near Indiabulls Finance Center,

Prabhadevi(West),

Mumbai - 400013.

6. Nilesh Jayanand Chavan

Indian Inhabitant residing at

A-wing, room number 1108,

Dr Babasaheb Ambedkar Nagar Hsg Soc. Ltd,

Near Indiabulls Finance center,

Prabhadevi (West),

Mumbai-400013.

2
7. Sachin Vishram Dhuri

Indian Inhabitant residing at

B /512, Shivshakti CHS.

N.M.JoshiMarg,

Mumbai - 400 011.

8. Govind Rajaram Sawant

Indian Inhabitant residing at

E/508, 5th floor,

Dr.Babasaheb Ambedkar Co.Hsg.Society,

Prabhadevi,

Senapati Bapat Marg,

Mumbai - 400013.

9. Santosh Rajaram Pophale

Indian Inhabitant residing at

108,1st floor, Shantiniketan co. op. Soc.,

Sane Guruji Marg, SaatRasta , Jacob Circle,

Mumbai- 400011.

10. Harshali Harishchandra Parab

Indian Inhabitant residing at

Bldg no. 4/Gwing/Room no 1004,

Ambedkar nagar colony. Op. Hos. Soc,

Senapati Bapat Marg,

Elphinstone , Prabhadevi ,

3
 Mumbai – 400013.

11. Dinesh Madhukar Satam

Indian Inhabitant residing at

A-wing, Room Number 806,

Dr. Babasaheb Ambedkar Nagar Hsg Soc. Ltd,

Near Indiabulls Finance Center,

Prabhadevi (West)

Mumbai-400013. .. Plaintiffs

Versus

1. Shreepati Build Infra Investment Ltd.

(formerly known as M/s Shreepati Investment)

Shreepati Group of Companies

2. Rajendra Rameshchandra Chaturvedi

3. Veena Rajendra Chaturvedi

4. Tapas Rajendra Chaturvedi

5. Pallavi Rajendra Chaturvedi

6. Saloni Tapas Chaturvedi

7. Mohan Raju Thevar

8. Suresh Eknath Kolhatkar

9. Kumarpal Phoolchand Gandhi

All having its office at

Shreepati Arcade, 401, 4 th floor,

August Kranti Marg, Nana Chowk,

Mumbai- 400 036

& registered address at

4
 Row House D, Castle Rock,

Landscape Town, Odxel,

Dona Paul, North Goa,

Goa- 403004

NOTE: CLIENTS SHOULD TRY TO ADD ATLEAST 20

PLAINTIFFS/ARE DEFENDANT NOS.2 to 9 OWNERS OF

SUIT PROPERTY?

THE PLAINTIFFS ABOVENAMED STATES AS

FOLLOWS:

1. Brief background of the Suit:-

2. The Plaintiffs are filing the present suit in a Representative

capacity under Order I Rule 8 of the Code of Civil Procedure 1908

(as amended from time to time)(“CPC”) for themselves and for

and on behalf of several other tenants/Occupants, who have under

diverse and separate Agreement for Permanent Alternate

Accommodation agreed/consented to be rehabilitated in

residential flats/premises from the Defendants in the

project/building known as ‘Shreepati Estate’ (“the said project”)

that was proposed to be constructed by the Defendant No. 1 on

the property situated at C.S. Nos. 60, 1/61, 2/61, 1/1B/62,

3/1(Zatka Mutton), 1(Part) Municipal Garage, 1(Part) 144

Tenements Building & 1(Part), Slum over drain Box, 1(Part)

Ambedkar Sadan & 1(Part) Ambedkar Sadan Slum of Parel

Division, N. M. Joshi Marg, Mumbai 400011, wherein the total

5
Plot area comprises of 22481.03 sq.mts. habilitating 839 tenants

in all (herein referred to as the Suit Property and the buildings

shall hereinafter referred to as “said buildings”). However in the

same project, flats and/or premises to be given free of cost in lieu

of the old tenanted residential premises to the 88

tenants/occupants of Ramchandra Hejips Chawl bearing C.S. No

60, 160/B/C (hereinafter referred to as the said RHC Chawl) and

they are being represented by the Plaintiffs by virtue of the leave

granted by this Hon’ble Court and are hereinafter, for brevity and

unless repugnant to the context or meaning shall be collectively

referred to as “Tenants/Occupants”. NOTE:CLIENTS HAVE

TO FIRST OBTAIN LEAVE OF HON’BLE HIGH COURT

FOR FILING THE PRESENT REPRESENTATIVE SUIT The

Defendant No.1 is a Company registered under the Companies

Act, 1956, incorporated in the year 2008 vide Registration No.

7212(ROC-Goa), formerly known as M/s Shreepati Investments,

Defendant No. 1 & 2 were the partners to the former partnership

firm and 1 st party in the Permanent Alternate Accommodation

Agreement, Defendant Nos. 1 to4 as partners to the former

partnership firm and also were named as parties in the

Supplementary Agreement executed between the

Owner/Developers and tenants/occupants. However, Defendant

Nos. 2, 4, 6 to 9 are presently the directors of Defendant No.1, as

per the records of MCA(Ministry of Corporate Affairs) as stated

hereinabove, are the Developers of the suit property and have

agreed to provide the newly constructed flats/premises on

6
ownership basis in lieu of the old tenanted residential premises to

all tenants/Occupants in the said project. Also, Defendant Nos.1

to 9 are the owners of the suit property.

3. The Defendant Nos. 1 to9 are the Owners as well as

Developers of the suit property by virtue of two Deed of

Conveyance dated 20 th March, 2006 duly registered Vide

Registration No. BBEZ-03977-2006 dated 26 th April, 2009 &

another dated 2 nd May, 2006 duly registered Vide Registration

No. BBEZ-04260-2006, dated 04th May, 2006, Here it is

important to note that the former Partnership firm namely

Shreepati Investment had approached the tenants/occupants,

wherein its name reflects in all the documents however since 2013

the firm is been taken over by Defendant No.

1NOTE:DISCUSS/DID DEFENDANTS ADDRESSED A

LETTER TO PLAINTIFFS/OCCUPANTS STATING THIS

FACT ABOUT TAKE OVER? and the communications pursuant

to this, are done in the name of Defendant No. 1. The said project

is governed under the provisions of The Maharashtra Ownership

Flats (Regulation of the Promotion of Construction, Sale,

Management and Transfer) Act, 1963 (hereinafter referred to as

“the MOFA” for brevity) in respect of the construction and

project as referred to hereinbelow. Hereto marked and annexed as

EXHIBIT ‘A‘ and B is the copy of the Conveyance Deeds dated

20th March, 2006 and 2 nd May, 2006 respectively.NOTE:DOES

7
THESE TWO DEEDS CONSTITUTES THE WHOLE SUIT

PROPERTY?KINDLY CHECK

4. The Plaintiffs are constrained to approach this Hon’ble

Court in as much as the Defendants have failed in their

commitments which are more particularly mentioned in the

Permanent Alternate Accommodation Agreement of

aforementioned project/Building “Shreepati Estate”. Alternately

to rehabilitate the tenants/ occupants of the said RHC Chawl in

their permanent accommodations and until the construction is

completed, the tenants were to be given transit accommodations.

For which some of the tenants/occupants were given transit

Accommodations at (Dr. Ambedkar Nagar Hsg. Soc. Ltd., Near

India Bulls Finance Centre, Senapati Bapat Marg) by the

Defendants and some had seen for a place to stay on their own by

accepting the transit rent from the Developers/Owners, however

as they were located at various places and had no option than to

contact each other and had accordingly formed an informal

collective forum for collectively approaching against the

Defendants.. At present, the said forum has about 11 members

and the said informal forum is for the sake of brevity hereinafter

referred to as the “the said Association(prop)”. The said

association at present has around 11 members who have given

their consent for filing the present suit against the

Defendants.NOTE:CLIENTS SHOULD ATLEAST TRY TO

GET TWENTY OR MORE OCCUPANTS AS

8
PLAINTIFFS/CLIENTS CAN FILE THE SAID SUIT

WITHOUT ASSOCIATION

5. The Plaintiffs state that RHC chawl consisted of

total____tenants. In and around___Defendant No.1 (earlier

known as Shreepati Investments a partnership firm) have entered

into Permanent Alternate Accommodation Agreement with each

of the tenants/occupants including Plaintiffs. The Plaintiffs and

all tenants had vacated their respective premises in and

around_2010__. Since__then Plaintiffs and other

tenants/occupants are on temporary accommodation. The

Defendants have failed to pay rent for temporary accommodation

since___ and also to start construction on the suit property. The

Plaintiffs and other tenants are families coming from low income

group and finding it difficult to sustain paying rent from own

pocket due to non-payment of rent by Defendant Nos.__ .

Defendant Nos.__ have also failed to provide permanent

accommodation within the time as agreed. The Plaintiffs are

therefore approaching this Hon’ble Court in representative

character under the provisions of Order I Rule 8 of the Code of

Civil Procedure, 1908, as a Representative suit, for and on behalf

of themselves as well as tenants/occupants who Defendants are

required to provide permanent alternate accommodation in the

said project as well as obligated to comply with various other

terms as agreed under the permanent alternate accommodation

9
agreements including payment of rent for temporary

accommodation until handover of permanent accommodation.

6. The Plaintiffs state that the Agreement for Permanent

Alternate Accommodation (herein after referred to as the ‘PAAA’

for the sake of brevity) have been executed by the Defendant

Nos.__ in favour of Plaintiffs and other tenants/Occupants

(hereinafter referred to as the Tenants/ Occupants) and they are

governed by the provisions of MOFA & regulations of DCR. The

Defendant Nos.__ are promoters under MOFA and are bound to

perform their obligations thereunder, towards the Plaintiffs and

all tenants/occupants of new flats/premises on ownership basis in

the said project.

7. The Plaintiffs are filing the present suit, inter-alia, for

enforcement of statutory obligations of

the Defendant Nos__ as the Defendant Nos.__ are promoters

under the definition of MOFA and are statutorily bound and liable

to perform obligations contained therein. The Defendant Nos.__

have failed and neglected to abide by their commitments under

the terms of the PAAA by which they have agreed to provide flats

in their building/Wing ‘B’ in the project known as “Shreepati

Estate”, as was proposed to be constructed on the suit property.

8. Project Details: Cluster Redevelopment under DCPR 33(9)

for the properties bearing C.S. Nos. 60, 1/61, 2/61, 1/1B/62,

3/1(Zatka Mutton), 1(Part) Municipal Garage, 1(Part) 144

10
Tenements Building & 1(Part), Slum over drain Box, 1(Part)

Ambedkar Sadan & 1(Part) Ambedkar Sadan Slum of Parel

Division, N. M. Joshi Marg, Mumbai known as ‘Shreepati Estate’

wherein the total Plot area comprises of 22481.03 sq.mts. earlier

habilitating 839 tenants in all. Hereto annexed and marked as

EXHIBIT ‘A‘ is a copy of the Project Plan and Layout.

8.1 The Plaintiffs states in or around the year 2006

tenants/occupants of RHC chawl consisting of___ tenants

including Plaintiffs were approached by the Defendant No. 1

(earlier partnership firm known as___) and their associates who

had represented to them that they are the legitimate owners of the

suitproperty and that the project “Shreepati Estate” was to come

up on the suit property which was a Cluster Re-development

notified project and was to be undertaken by Defendant No.1 who

is the Owner as well as Developer for the Suit property.

8.2 Mr. Rajendra Rameshchandra Chaturvedi, Defendant No. 2

herein, represented to the Plaintiffs and other tenants that the suit

property was being purchased by the Defendants No. 1 from the

earlier Landlords i.e. Pansare family and also showed their

interest in re-developing the same, for which they had a number

of meetings with the tenants/Occupants and/or the Committee

members of the Chawl namely Ramchandra Hejib’s Chawl also

known as Pansare Chawl & Parshiwadi Chawl

11
8.3 The Plaintiffs state that M/s Shreepati Investment the then

partnership firm which is now taken over by Shreepati Build Infra

Investment Ltd, Defendant No. 1 issued a letter dated 14th

February, 2007 to the tenants/occupants of the suit property inter

alia informing them that M/s Shreepati Investment are the rightful

owners/ Landlords of the Suit property and that the tenants/

occupants were to pay the outstanding rent since 2006 in the name

of the said Partnership firm. Hereto annexed and marked as

EXHIBIT-‘B’ is the copy of the letter dated 14 th February, 2007.

8.4 That the Defendant Nos._ had several meetings with

Plaintiffs and the other tenants/ Occupants, wherein on 27 th

January, 2007 it was mutually agreed to proceed for

redevelopment on the terms as discussed, assured and decided

upon. Also that the buildings/ structures/tenements where the

tenants/occupants resided were more than 100 years old,

unrepaired and in a dilapidated condition, therefore on the

assurance of the Defendants to receive new flat in lieu of the old

tenanted premises within a period of 2 years seemed to be in

favour of the Tenants/Occupants as there would have been every

possibility of mishap or accident due to the worn out conditions

of the buildings. However out of the 91 tenants/Occupants of

RHC chawl as per the records of MHADA, 3 belong to

commercial premises and these structures are not yet demolished

12
& no PAAA is executed between the tenants/occupants of the

commercial premises and the Defendants.

8.5 On 2nd of May, 2007, a General Body Meeting was held

between the tenants/Occupants of the RHC Chawl for finalizing

the Re-development of the suit property wherein Defendant No.

2 being partner of the then Shreepati Investments and now

Director of Defendant No.1 and his associates were present. The

Irrevocable Consents were given by the tenants to the Defendant

No. 1 for redevelopment, also an MOU was executed dated 2 nd

May, 2007 between the Defendant No. 1 & the Committee

members on behalf of all the Tenants/occupants of the suit

property and the copies of the same was given to each

tenant/occupant with Annexures. The Annexures included

signatures of all the tenants/occupants of Ramchandra Hejeps

Chawl, the flat plan, Amenity List & Letter dated 30/01/2007

addressed to the Tenants setting out the agreed terms for re-

development. It was always represented to the Plaintiffs that

Defendant No. 1 & 2 would take the initiative in the project by

getting all approvals and flats would be handed over to the

tenants/ occupants on ownership basis including the Plaintiffs

herein within 18 months as the Defendants are in the said business

of construction since years and are well versed with the

procedures involved and would receive all approvals without

delay on obtaining the consent from the tenants/Occupants. The

Defendants also executed another Supplementary Memorandum

13
of Understanding between the then Partnership Firm and

Individual Tenant/Occupant setting out the changes in the carpet

area from 225 sq. ft. to 300 sq. ft. & cheque details for the transit

rent. Hereby we crave leave to refer and rely upon the said

document of MOU & Supplementary MOU as and when

produced.NOTE:EXHIBIT THESE DOCUMENTS

8.6 Upon the receipt of the irrevocable consent, the Defendant

No.1 & 2 had executed an Agreement for Permanent Alternate

Accommodation dated 29th December, 2009 with individual

Tenants/Occupants including Plaintiffs setting out the terms in

specific for the construction and handing over of the possession

by receiving the Occupation Certificate/Part Occupation

Certificate & the details of the flat offered on ownership basis in

lieu of the previous tenement. It was also agreed that Defendant

No.1 and 2 shall provide rent for temporary accommodation of all

the tenants including Plaintiffs until handing over of permanent

accommodation. Thus, it is clear that the Defendants under the

Permanent Alternate Accommodation Agreement have

undertaken commitment and their obligation as promoter under

MOFA to construct and provide flats to the diverse

tenants/occupants and provide rent for temporary

accommodation. Hereto annexed and marked as EXHIBIT ‘C’ is

the Copy of the PAAA dated____executed between the

Defendants and the Plaintiff No. 1. Hereby we crave leave to refer

and rely on the PAAA of all other tenants when produced,

14
however all the PAAA are identical in regards to the

terms/recitals.

8.6 The Plaintiffs believing the assurances given by Defendant

No.1 & 2 had vacated their premises along with other tenants/

Occupants of the suit property in the year 2010 pursuant of which

the Structures/ buildings of RHC Chawl and the 144 tenements

lying on the suit property got demolished by the Defendants.

Around 48 tenants of 91 tenants/ occupants of RHC Chawl were

provided transit accommodation at Ambedkar Nagar Housing

Society Ltd., Senapati Bapat Marg, Near India Bulls Finance

Centre, Prabhadevi by Defendant No.1and the remaining

tenants/occupants started residing elsewhere finding their own

temporary alternate accommodation for which the Defendants

were paying for the rent as agreed under the PAAA.

8.7. The Plaintiffs state and submit that although Defendants had

agreed under clause 9 r/w 11 of the PAAA to handover the

possession of the permanent Accommodation to the Plaintiffs and

the other tenants/ Occupants within a period of 18-24 months

have inordinarily delayed to even start the said project for more

than 11 years and pursuant to the same the transit rent for the

Alternate accommodation is also been discontinued since 2016.

9. The Plaintiffs state that it is quite pertinent to note that the

present status of the said project is that the Defendants have till

15
date not commenced construction of the said project and are

buying time on one pretext or the other.

10. The Defendant No. 1 is in contravention of various Clauses

of the PAAA already annexed and marked as EXHIBIT ‘C’ as

mentioned in detail herein under:

10.1 As per the Clause 8 of the PAAA, the Defendant Nos.__ had

agreed to give transit accommodation/pay rent/ compensation to

the tenants, and if the project gets delayed the said Defendants

shall pay a compensation for the period required for completion

of the project and shall continue to pay the rent/compensation till

the tenant/occupant shift in their permanent alternate

accommodation. 10.2 As per Clause 9 r/w 11 of the PAAA, the

Defendant Nos.__ shall carry out and complete the work of

construction of the proposed new building within 18-24 months

from the date of all the tenants/ occupants hand over vacant and

peaceful possession of old tenanted premises.NOTE: ONLY

TWO CONTRAVENTION? ASK CLIENTS

11. The Plaintiffs state that, although, the present project

contemplates the construction of Wings A-H, wherein Wings

‘A’&’B’ are the residential Saleable component, Wing ‘C’ for

Commercial use and Wings ‘D’ ‘E’ ‘F’ ‘G’ ‘H’ are for the Rehab

purpose, all being multi-storied buildings, the DefendantNos__

have not even commenced construction of the any of these said

wings for lapse in obtaining the necessary approvals of the

16
Government and concerned authorities. It may be noted that the

tenants/ occupants of the RHC Chawl as assured and promised in

their individual PAAA Clause 5, were to be rehabilitated in Wing

‘B’ of the said project facing the N.M. Joshi Marg road, however

as per the recent plans for proposal would be given their

permanent accommodations in Wings D-H, which is away from

the main road i.e. the previous location as promised. These

changes in plans in the redevelopment was not brought to the

notice of the tenants neither was their consent taken for the same.

Hereto annexed and marked as EXHIBIT ‘D’ is the Minutes of

the Meeting of the Advisory Committee constituted by the State

Government vide No. DYCHE/379/MC/(B.P.)/CITY dated

30/12/2020

12. The Plaintiff’s enquiries with the Defendants regarding the

status of the project did not yield any response, the Plaintiffs

started contacting each other and decided to form a collective

forum for approaching Defendants, as Defendants were not

responding to the individual requests and were also avoiding to

contact them.NOTE:DISCUSS

Admission on behalf of Defendant No.1 in not completing the

Project

13. The Plaintiffs state that from time to time Defendant Nos.

1 & 2 had always represented to them that the work on the project

would commence soon and they would fulfill their obligations as

17
promised to them. The Plaintiffs were always hopeful that the said

Defendants would honour their commitment.

14. The Plaintiffs states that in and around August, 2020, the

Plaintiffs had sent an email to the Defendant No. 1 with a demand

notice for the outstanding transit rent of all the tenants/occupants

of the RHC Chawl. A hard copy of the said letter was also sent

to their office address, however there was no reply from the

Defendants. Hereto annexed and marked as EXHIBIT ‘E’ is the

copy of the email with attachments.NOTE:CLIENTS ARE NOT

GETTING RENT SINCE 2016 SO WHY WAS THERE DELAY

FOR 4 YEARS IN ADDRESSING EMAIL?

15. The Plaintiffs having no hopes from the Defendants, decided

to approach their lawyers to seek advice & to decide on the next

course of action to be taken such that they get some concrete reply

from the Defendants in regards to their outstanding transit rent

which was pending since years & possession of their flats.

16. It is a matter of fact that the Defendants had received the NOC

from MHADA vide No. REE/DCR 33(9)/086/MBRRB-09 dated

6th January, 2010 & an approval from the UD Department vide

No. TPB/4309/2980/CR-282/09/UD-11 dated 18th November,

2010 and the same was conveyed to the tenants/Occupants of the

RHC Chawl, however the status and updates for re-development

of the suit project pursuant to the demolition was never shared

with the tenants/ Occupants.

18
17. That the Advocates for the Plaintiffs in their letter dated 23 rd

November, 2020 addressed to all the Government bodies, such as

the Housing Dept., Urban Development, MHADA, M.B.R.R.B.

etc. to keep them informed about the conduct of the Defendants

in not disbursing the transit rent since years and subjecting the

tenants/occupants to face hardships. The letter was drafted in

keeping the instructions/ guidelines provided in the Notification

by the Housing Department vide No. 1017/CR91/RR-1 dated 23rd

September, 2019 in regards to the stranded redevelopment

projects setting out the obligations of the developers and

consequences on failure to abide by them. Hereto annexed and

marked as EXHIBIT-‘F’ is the copy of the letter dated

23/11/2020.

18. That the Plaintiffs purpose of addressing the Government

authorities to not issue any NOC/Approvals to the Defendants for

the willful negligence on the part of the Defendants to pay the

transit rent to the tenants/occupants of the suit property. The

Plaintiffs were apprised of such similar misery of

tenants/occupants at many other projects where the Defendants

have acted against the interests of the tenants/ occupants of those

respective projects clearly setting out the habitual nature of the

Defendants to give excuses and withhold the redevelopment.

NOTE:DISCUSS

19. That the Defendant No.1 had for the first time informed about

the status & update of the said project in writing vide Ref. No.

19
SBIIL/2711/2144/2020 dated 27th November, 2020 to the

tenants/Occupants of the RHC Chawl. The letter had set-out in

detail the reasons for delay in commencing the

construction/redevelopment and the future course to avail the

approvals which according to the Defendant No. 1 would take

another 3-4 months. The letter also stated that the carpet area of

the new flats to be given as Permanent accommodation in lieu of

the original tenanted premises is raised and now an area of 550

sq.ft. will be provided as per the revised plans. Defendant No. 1

also promised that the arrears of rent will be disbursed on receipt

of the approvals. Hereto annexed and marked as EXHIBIT ‘G’

is the copy of the letter dated 27/11/2020.

20. The Plaintiffs state that the Defendants have not yet received

the necessary approvals from the concerned authorities and are

still struggling to get them since 11 long years by giving false

assurances to provide permanent accommodations within two

years and also failed to pay rent since 2016. Further in its para 7

of the letter dated 27/11/2020, the Defendants state that “As far

as the rent is concerned, technically the rent becomes payable

only after approval is issued by the Government” is absolute

contrary to the terms as promised in the meeting for the purpose

of re-development as well as in the PAAA and therefore the

Advocates for the Plaintiffs issued a legal Notice dated

27/11/2020 vide Ref. No. AVM/SB/SF/SS/18816/2020 to the

Defendants to act upon the contractual obligations and

20
compensate the tenants/occupants for subjecting them to mental

agony. The Plaintiffs through their Advocates sent another letter

dated 17th December, 2020 vide Ref. No.

AVM/SB/SF/SS/18815/2020, in order to reply/counter in specific

to the false statements made in the letter dated 27/11/2020 by the

Defendants already annexed as EXHIBIT ‘G’. Hereto annexed

and marked as EXHIBIT‘H’ is the Copy of the Notice and the

Reply both dated 17/12/2020 sent by the Advocates for the

Plaintiffs.

21. The Defendant No. 1 had addressed a letter dated 9th January,

2021 and in reference to the letter/Reply dated 17th December,

2020 interalia stating the delay of Jail NOC and to resolve the

issue of rent amicably and that the Defendants have failed to pay

the rent for only two years due to reasons of real estate market

breakdown and Covid crises, however the Defendant No.__ have

been irregular in paying the transit rent since 2012 and finally

since 2016 they have not paid a single penny towards the transit

rent to the Plaintiffs/ tenants/ Occupants. Some of the tenants

facing miserable financial crisis had approached the Defendant

No.__ wherein they were given cheques of a certain amount and

in the case of Plaintiff No. 4 the cheque did not get cleared from

the bank for reasons stating as ‘insufficient funds’ and before the

others could deposit the cheques, they were asked not to deposit

the cheques. Also it has been two months and more post such

assurance of paying the transit rent, but the Defendant Nos.__

21
have shown no sign of disbursement of arrears of transit rent.

Here it is pertinent to note that the Defendant Nos._ and/or their

associates/representatives however have tried to approach the

Plaintiffs and other tenants/occupants to withdraw the letter sent

through their Advocates to Government bodies for not issuing

NOC/Approvals until the transit rent arrears are cleared. Hereto

annexed and marked as EXHIBIT ‘I’ is the copy of the letter

dated 09/01/2021. Also annexed and marked as EXHIBIT ‘J’ is

the copy of the bank memo for non-clearance of the cheque.

22. That 17 tenants/ occupants out of the 48 tenants/occupants

who were provided transit accommodation at Dr. Ambedkar

Nagar Hsg. Soc. Ltd., have shifted to the outskirts of Mumbai, in

areas such as Virar, Navi Mumbai, Badlapur as it was difficult for

them to pay the transit rent from their own savings. That most of

the tenants/occupants belong to the age group of senior citizens

and having no option had to pay out the outstanding rents to the

owners of their respective transit accommodations either by

selling off their native properties, gold and other ornaments, and

some of them have even borrowed loans to clear their outstanding

rents, consequently paying huge amounts as EMI (Equated

Monthly Installments). Therefore there is no iota of doubt that the

Plaintiffs/tenants/ occupants have already suffered and lost their

hard earned savings which was to be used by them for their old

age and survival, irrespective of the mental agony, trauma and ill-

treatment they have sustained during the past years for non-

22
payment of rent and other dues. Also there are many

tenants/occupants who have lost their lives with the hopes of

receiving their permanent accommodations. The Plaintiffs and

other tenants are going through mental and financial problems

due to the fact that apart from not getting rent for temporary

accommodation, the construction has also not commenced till

date and so Plaintiffs have no clue when will they ever get

possession of the permanent accommodation from Defendant

No.1.

22. Despite repeated request and reminders to Defendant No.__

to make the payments towards transit rent arrears and also despite

holding various meetings with the Plaintiffs and the members of

their Association the project seems to be in complete state of

hopelessness and no possibility of DefendantNo. ever completing

the said project in near future. Secondly believing on the words

of the Defendant Nos.__ themselves that due to financial

problems inter alia certain conditions they were unable to

disburse the transit rent, which if continues, their utter and

complete failure in complying with their contractual and statutory

obligations will now become manifest and clear. The Defendant

Nos.__ have demolished the RHC Chawl so the option of coming

back and residing at their old tenanted premises is closed.

Therefore, now Plaintiffs and tenants/occupants of RHC Chawl

are at the mercy of the Defendant No._ to pay rent till handing

23
over of permanent accommodation and complete the said project

at the earliest.

23. The Plaintiffs and the other tenants/Occupants after looking

at the conduct of the assurances given by Defendant No. 1 and its

directors i.e. other Defendants have no trust left in the

Defendants. The Plaintiffs and all tenants/ occupants have always

been and are ready and willing to perform their part of the

agreements.

24. The Defendant Nos.__ explanations for their failure to

complete the said project till today and delay in receiving the

approvals/ NOCs are failure on the part of the said Defendants as

the Defendants cannot deny that they were unaware of the

procedures involved in redevelopment of such a large area

adjacent to the Prison/Jail premises and that would have attracted

additional challenges for which the said Defendants should have

been well prepared to handle the risks involved without

subjecting the tenants to suffer.

25. The Plaintiffs submits that their meetings with the

representatives of the Defendant Nos._ have turned out to be

unfruitful. The Defendant Nos.__ have not come with clean hands

and with any concrete plan and solution save and except giving

bare and empty assurances and promises, they have done nothing

further in the matter. Admittedly, the said project has not even

moved an inch and the said Defendants are still unable to carry

24
out any activity of construction work in the said project. The

Plaintiffs have made relentless efforts for following up with the

Defendants and their representatives but none of commitments

and promises made by them is met till date. The Plaintiffs as are

aware from media and other sources that the other projects of the

sister concerns i.e. M/s Shreepati Real Ventures LLP of

Defendant No. 1 with common director as Defendant No. 2, have

been cancelled by the UD Department, State Government owing

to its incapability to secure funds as bank guarantee, financial

instability, stranded redevelopment of the premises namely

Poonam Nagar, Andheri(East). The Plaintiffs pursuant to

receiving such information are concerned for their flats, that if it

sees the same fate, the trials and tribulations of Plaintiffs and the

other tenants/ Occupants will have no end..

27. The Plaintiffs have also sought leave of this Hon’ble Court to

file the present suit in Representative capacity under Order I Rule

8 of The Code of Civil Procedure, 1908. In the circumstances

aforesaid, the Plaintiffs state and submit that there exist valid,

binding and subsisting contract executed by the Defendant

Nos.__ in favour of the Plaintiffs, for rehabilitating the Plaintiffs

and other tenants/occupants of the RHC Chawl in the said project

in terms of the PAAA as mentioned in Exhibits C. The Plaintiffs

and the members of their Association are thus entitled to the

flats/premises in the suit property which is described in Exhibit

25
‘C’ above, in accordance with the PAAA. The Defendant Nos.__

as promoters under MOFA are bound and liable to perform all

their statutory obligations towards the Plaintiffs and all other

tenants/occupants and Defendants be ordered and decreed to do

so.

28. As per the PAAA, the tenants/occupants were to be given

transit accommodation till handing over of the possession of the

permanent accommodation. The defendant Nos._ have paid the

transit rent with lot of persuasions, in parts with a certain raise in

the rent i.e. 11000/- in the year 2011, 13000/- in the year 2013

however since then there is no increase in the transit rent and

moreso there was no continuity in payments of the said transit rent

by the Defendants. Therefore the Plaintiffs along with the other

tenants are responsible to receive the transit rent @ as per ready

reckoner rate of the area/location where most of the tenants/

occupants were shifted i.e. Dr. Ambedkar Nagar Hsg. Soc. Ltd.,

Senapati Bapat Marg, Prabhadevi for all the years and as the rise

in the rental/license fees for those transit accommodations. Hereto

annexed and marked as EXHIBIT ‘ ‘ is the copy of the Leave

and License agreements of the years 2015/2016 and the current

2020/2021 for reference. Hereto annexed and marked as

Exhibit__ is a list of the names of the Plaintiffs and the arrears of

rent/compensation for temporary accommodation required to be

paid by Defendant Nos to each of the Plaintiffs till date.__

26
Statutory Provisions:-

27. The Plaintiffs state and submit that the Plaintiffs are not

only statutorily and beneficially entitled to the said flats which are

to be constructed under aforesaid PAAA, but are also entitled to

have conveyance of the entire plot/property as stipulated under

the MOFA and rules framed thereunder:

Some of the salient provisions of MOFA Act read as follows

which the Defendant is under obligations to comply as Clause 47

of PAAA also specifies so:-

General Liabilities of Promoter

(1) Notwithstanding anything in any other law, a

promoter who intends to construct or constructs a

block or building of flats, all or some of which are to

be taken or taken on ownership basis, shall in all

transactions with persons intending to take or taking

one or more of such flats, be liable to give or produce,

or cause to be given or produced, the information and

the documents hereinafter in this section mentioned.

(2) A promoter, who constructs or intends to construct

such block or building of flats, shall-

(a) make full and true disclosure of the nature of

his title to the land on which the flats are

constructed, or arte to be constructed, such title

27
 to the land as aforesaid having been duly

certified by an Attorney –at- law, or by an

Advocate of not less than three years standing,

have been duly entered in the property, card or

extract of Village Forms V or VII and X or

any other relevant revenue records;

(b) make full and true disclosure of all

encumbrances on such land, including any

right, title, interest or claim of any party in or

over such land;

(c) give inspection on seven days’ notice or

demand, of the plans and specifications of the

building built or to be built on the land; such

plans and specifications having been approved

by the local authority which he is required so

to do under any law for the time being in force;

(d) disclose the nature of fixtures, fittings and

amenities (including the provision for one or

more lifts) provided or to be provided;

(e) disclose on reasonable notice or demand if the

promoter is himself the builder, the prescribed

particulars as respects the design and the

materials to be used in the construction of the

building, and if the promoter is not himself the

builder disclose, on such notice or demand, all

agreements (and where there is no written

28
 agreement, the details of all agreements)

entered into by him with the architects and

contractors regarding the design, materials and

construction of the buildings;

(f) specify in writing the date by which possession

of the flat is to be handed over (and he shall

hand over such possession accordingly);

(g) prepare and maintain a list of flats with their

numbers already taken or agreed to be taken,

and the names and addresses of the parties and

the price charged or agreed to be charged

therefore, and the terms and conditions if any

on which the flats are taken or agreed to be

taken;

(h) state in writing, the precise nature of the

organization of persons to be constituted and

to which title is to be passed, and the terms and

conditions governing such organization of

person who have taken or to take the flats;

(i) not allow persons to enter into possession until

a completion certificate where such certificate

is required to be given under any law, is duly

given by the local authority (and no person

shall take possession of a flat until such

completion certificate has been duly given by

the local authority);

29
(j) make a full and true disclosure of all outgoings

(including ground rent, if any, municipal or

other local taxes, taxes on income, water

charges and electricity charges, revenue

assessment, interest on any mortgage or other

encumbrances, if any);

(k) make a full and true disclosure of such other

information and document, in such a manner

as may be prescribed; and give on demand true

copies of such of the documents referred to in

any of the clauses of this subsection as may be

prescribed at a reasonable charge therefore;

(l) display or keep all the documents, plans or

specifications (or copies thereof referred to in

clauses (a), (b) and (c) at the site and permit

inspection thereof to persons intending to take

or taking one or more flats;

(m) when the flats are advertised for sale, disclose

interalia in the advertisement the following

particulars, namely-

(i) the extent of the carpet area of the flat

including the area of the balconies which

should be shown separately;

(ii) the price of the flat including the

proportionate price of the common areas

and facilities which should be shown

30
 separately. to be paid by the purchaser of flat;

and the intervals at which the

installments thereof may be paid;

(iii) the nature, extent and description of

common areas and facilities; and

(iv) the nature, extent and description of

limited common areas and facilities, if any]

n. sell flat on the basis of the carpet area only;

Provided that, the promoter may separately charge

for the common areas and facilities in proportion to

the carpet area of the flat.

(1A) The agreement to be prescribed under sub-section (1) shall

contain inter alias the particulars as specified in clause (a); and to

such agreement there shall be attached the copies of the

documents specified in clause (b)-

(a) particulars –

(i) if the building is to be constructed, the

liability of the promoter to construct it

according to the plans and specifications

approved by the local authority where

such approval is required under any law

for the time being in force,

(ii) the date by which the possession of the

flat is to be handed over to the

purchaser;

31
(iii) the extent of the carpet area of the flat

including the area of the balconies

which should be shown separately;

(iv) the price of the flat including the

proportionate price of the common areas

and facilities which should be shown

separately, to be paid by the purchaser

of flat; and the intervals at which

installments thereof may be paid;

(v) the precise nature of the organization to

be constituted of the persons who have

taken or are to take the flats;

(vi) the nature, extent and description of the

common areas and facilities;

(vii) the nature, extent and description of

limited common areas and facilities, if

any;

(viii) percentage, of undivided interest in the

common areas and facilities

appertaining to the flat agreed to be sold;

(ix) statement of the use for which the flat is

intended and restriction on its use, if

any;

(x) percentage of undivided interests in the

limited common areas and facilities, if

32
 any, appertaining to the flat agreed to be

sold;

(b) Copies of documents,--

(i) the certificate by an Attorney -at- law or Advocate

under clause (a) of sub-section (2) of section (3);

(ii) Property Card or extract of Village Forms VI or

VII and XII or any other relevant revenue record

showing the nature of the title of the promoter to

the land on which the flats are constructed or are

to be constructed;

(iii) the plans and specification of the flat as approved

by the concerned local authority.]

[(2)] Any agreement for sale entered into under sub-

section (1) shall be presented, by the promoter or by any other

person competent to do so under section 32 of the Registration

Act, at the proper registration office for registration, within the

time allowed under sections 23 to 26 (both inclusive) of the

said Act and execution thereof shall be admitted before the

registering officer by the person executing the document or his

representative, assign or agent as laid down in sections 34 and

35 of the said Act also within the time aforesaid;

Provided that, where any agreement for sale is entered into,

or is purported to be entered into, under sub-section (1), at any

time before the commencement of the Maharashtra Ownership

Flats (Regulation of the promotion of construction, sale,

management and transfer) (Amendment and Validating

33
Provisions) Act, 1983, and such agreement was not presented

for registration, or was presented for registration but its

execution was not present before the registration officer by the

person concerned, before the registration officer by the person

concerned, before the commencement of the said Act, then

such document may be presented at the proper registration

office for registration, and its execution may be admitted, by

any of the persons concerned referred to above in this sub-

section, on or before the 31 st December 1984, and the

registering officer shall accept such document for registration,

and register it under the Registration Act, as if it were

presented and its execution was admitted, within the time laid

down in the Registration Act;

Provided further that on presenting a document for

registration as aforesaid if the person executing such document

or his representative, assign or agent does not appear before

the registering officer and admit the execution of the document

the registering officer shall cause a summons to be issued

under section 36 of the Registration Act requiring the

executants to appear at the registration office, either in person

or by duly authorized agent, at a time fixed in the summons if

the executant fails to appear in compliance with the summons

the execution of the document shall be deemed to be admitted

by him and the registering officer may proceed to register the

document accordingly. If the executant appears before the

registering officer as required by the summons but denies

34
 execution of the document the registering officer shall after

giving him a reasonable opportunity of being heard if satisfied

that the document has been executed by him proceed to

register the document accordingly.]

4A: Effect of Non-Registration of Agreement Required

to be registered under Section 4

Where an agreement for sale entered into under sub –section

4, whether entered into before or after the commencement of

the Maharashtra Ownership Flats (Regulation of the

promotion of construction, sale, management and transfer)

(Amendment and Validating Provisions) Act, 1983, remains

unregistered for any reason, then notwithstanding anything

contained in any law for the time being in force or any

judgment decree or order of any Court it may be received as

evidence of a contract in a suit for specific performance under

Chapter II of the Specific Relief Act 1963 or as evidence of

part performance of a contract for the purposes of section 53A

of the Transfer of Property act 1882 or as evidence of any

collateral transaction not required to be effected by registered

instrument.]

4. Promoter to maintain separate account of sums taken as

advance or deposit and to be trustee therefore and disburse them

for purposes for which given.

The promoter shall maintain a separate account in

any bank of sums taken by him from persons intending to

take or who have taken flats as advance or deposit including

35
 any sums so taken towards the share capital for the

formation of co-operative society or a company or towards

the outgoings (including ground rent if any municipal or

other local taxes, taxes on income water charges electricity

charges revenue assessment interest on any mortgage or

other encumbrances if any) and he shall hold the said

moneys for the purposes for which they were given and

shall disburse the moneys for those purposes and shall on

demand in writing by a (Competent Authority) make full

and true disclosure of all transactions in respect of that

account.

9. Promoter to take steps for formation of co-operative society

or company

1[(1) As soon as a minimum number of persons required to form

a co-operative society or a company have taken flats, the

promoter shall within the prescribed period submit an application

to the Registrar for registration of the organization of persons who

take the flats as a co-operative society or, as the case may be as a

company and the promoter shall join in respect of the flats which

have not been taken in such application for membership of a co-

operative society or as the case may be of a company. Nothing in

this section shall effect the right of the promoter to dispose of the

remaining flats in accordance with the provisions of this Act.

[Provided that if the promoter fail within the prescribed period to

submit an application to the Registrar for registration of society

in the manner provided in the Maharashtra Co-operative Societies

36
Act 1960 the Competent Authority may upon receiving an

application from the persons who have taken flats from the said

promoter direct the District Deputy Registrar, Deputy Registrar

or as the case may be Assistant Registrar concerned to register the

society;

Provided further that no such direction to register any

society under the prescribed proviso shall be given to the District

Deputy Registrar Deputy Registrar or as the case may be

Assistant Registrar by the Competent Authority without first

verifying authenticity of the applicants request and giving the

concerned promoter a reasonable opportunity of being heard.

(2) If any property consisting of building or buildings is

constructed or to be constructed [and the promoter submits such

property to the provisions of the Maharashtra Apartment

Ownership Act 1970 by executing and registering a Declaration

as provided by that Act] then the promoter shall inform the

Registrar as defined in the Maharashtra Co-operative Societies

Act 1960 accordingly and in such cases it shall not be lawful to

form any co-operative society or company.

11. Promoter to convey title etc and execute documents

according to agreement

(1) A promoter shall take all necessary steps to complete his

title and convey to the organization of persons who take flats

which is registered either as a co-operative society or as a

company as aforesaid or to an association of flat takers

(apartment-owners] his right title and interest in the land and

37
building, and execute all relevant documents therefore in

accordance with the agreement executed under section 4 and if no

period for the execution of the conveyance is agreed upon he shall

execute the conveyance with the prescribed period and also

deliver all documents of title relating to the property which may

be in his possession or power.

(2) It shall be the duty of the promoter to file with the

Competent Authority within the prescribed period a copy of the

conveyance by him under sub-section (1).

(3) If the promoter fails to execute the conveyance in favour of

the co-operative society formed under section 10 or as the case

may be the company or the association of apartments owners as

provided by sub section (1) within the prescribed period the

members of such co-operative society or as the case may be the

company or the association of apartment owners may make an

application in writing to the concerned Competent Authority

accompanied by the true copies of the registered agreements for

sale executed with the promoter by each individual member of the

society or the company or the association who have purchased the

flats and all other relevant documents (including the occupation

certificate if any) for issuing a certificate that such society or as

the case may be company or association is entitled to have an

unilateral deemed conveyance executed in their favour and to

have it registered.

(4) The Competent Authority on receiving such application

within reasonable time and in any case not later than six months

38
after making such enquiry as deemed necessary and after

verifying the authenticity of the documents submitted and after

giving the promoter a reasonable opportunity of being heard on

being satisfied that is a fit case for issuing such certificate shall

issue a certificate to the Sub Registrar or any other appropriate

Registration Officer under the Registration Act 1908 certifying

that it is a fit case for right, title and interest of the promoter in the

land and building in favour of the applicant as deemed

conveyance.

(5) On submission by such society or as the case may be the

company or the association of apartment owners to the Sub

Registrar or the concerned appropriate Registration Officer

appointed under the Registration Act 1908 the certificate issued

by the Competent Authority alongwith the unilateral instrument

of conveyance the Sub Registrar or the concerned appropriate

Registration officer shall notwithstanding anything contained in

the Registration Act 1908 issue summons to the promoter to show

cause why such unilateral instrument should not be registered as

deemed conveyance and after giving the promoter and the

applicants a reasonable opportunity of being heard may on being

satisfied that it was a fit case for unilateral conveyance register

that instrument as deemed conveyance.

Rule 8 and 9 framed under MOFA provide certain time

lines for fulfillment of the obligations by the Developers as

follows:-

39
8. Period for submission of application for registration of co-

operative society or company of flat purchasers;

Where a co-operative society or a company of persons

taking the flats is to be constituted the Promoter shall submit an

application to the Registrar for registration of the co-operative

society or the company as the case may be within four months

from the date on which the minimum number of persons required

to form such organization have taken flats.

(Where the apartment takes propose to submit the

apartments to the provisions of the Maharashtra Apartments

Ownership Act 1970 by executing Declaration and Deeds of

Apartments as required by that Act the promoter shall inform the

Registrar as defined in the Maharashtra Co-operative Societies

Act 1960 as soon as possible after the date on which all the

apartment owners (being not less than five) have executed such

Declaration and Deeds of Apartment).

9. Period for conveyance of title of promoter to organization

of flat purchasers;

If no period for conveying the title of the promoter to the

organization of the flat purchasers is agreed upon the promoter

shall (subject to his right to dispose of the remaining flats if any)

execute the conveyance within four months from the date on

which co-operative society or the company is registered or as the

case may be the association of flats takers is duly constituted.

(When a promoter has submitted his property to the

provisions of the Maharashtra Apartment Ownership Act 1970 by

40
executing and registering a Declaration as required by Section 2

of that Act and no period for conveying the title of the promoter

in respect of an apartment to each apartment taker is agreed upon

the promoter shall execute the conveyance or deed of apartment

in favour of each apartment taker within four months from the

date the apartment taker has entered into possession of his

apartment).

(The promoter shall file with the Competent Authority a

copy of the conveyance executed by him under sub section (1) of

section 11 within a period of two months from the date of its

execution)

9.3 Thus the Defendants are not contractually but are even

statutorily bound and liable to complete the construction of the

building and as also to form a Co-operative Society of the flat

purchasers and handover possession of the flats in the said

building and then convey the entire property to such Co-operative

Society of tenants/ Occupants under the aforesaid provisions of

laws and the Defendant No. 1 is morally and statutorily bound

and liable to execute A Revised PAA agreements and register

such Agreements in favour of the said Tenants/Occupants. The

Defendant No. 1 be ordered and directed to do so and also all

other acts, deeds and things and execute all writings as required

under the MOFA.

NOTE: KINDLY GO THROUGH THE AFORESAID

STATUTORY PROVISIONS AND CHECK WHICH ARE

APPLICABLE TO PLAINTIFFS/AS PLAINTIFFS ARE NOT

41
NEW FLAT PURCHASERS BUT OLD TENANTS/JUST

CHECK

28. Submissions and Reliefs

28.1 In the circumstances aforesaid, the Plaintiffs state and submit

that the Defendant Nos.__ have confirmed that they have entered

into several PAAAs in favour of the persons, who are named and

enlisted in Exhibit A hereto. The Plaintiffs are seeking declaration

from this Hon’ble Court that, all the said PAAA including those,

which have been issued by the Defendants in favour of the

Plaintiffs and the members of their Association and other

tenants/occupants of the RHC Chawl are valid, binding and

subsistingNOTE:DISCUSS. The Plaintiffs and all other original

tenants/occupants who are the members of their forum have

always been and are ready and willing to perform their part of the

obligations both statutory and contractual in respect of the

PAAAs under which they have agreed to vacate their original

tenanted premises and be provided with a flat on ownership basis

in lieu of their original tenanted premises from the Defendants.

28.2 The Plaintiffs state and submit that the Plaintiffs and

members of their Association are also entitled for an order or

direction from this Hon’ble Court against the Defendant Nos__

for enforcement of the statutory obligations cast upon the said

Defendants under MOFA which includes inter alia registration

of PAAA which are already executed. The Hon’ble Court be

42
pleased to pass an order or direct the Defendant Nos.__ to

complete the said project within a reasonable time and in any case

within two years and on completion and obtaining of Occupation

Certificate handover permanent accommodation to Plaintiffs and

other tenants forthwith. This Hon’ble Court further pass an order

or direct Defendant Nos._-to pay arrears of rent and further rent

for temporary accommodation until handing over of permanent

accommodation to the Plaintiffs and other tenants. Also the

compliance of their statutory obligations setting out the details of

the flats allotted in the Wing ‘B’ as was assured and promised

after the allotment of the flats by the lottery system or any other

way as decided by the Committee of the tenants/Occupants.

28.3 The Plaintiffs are also seeking interim relief that an order or

direction be passed against Defendant Nos

(a) to pay arrears of rent for temporary accommodation until

handing over of permanent accommodation to the Plaintiffs and

other tenants as per the terms of PAAAas per the tabulation of

outstanding transit rent or arrears to be paid to the Plaintiffs by

the Defendants.

(b) to carry out the construction of the said building of the said

project under the supervision of the Court Receiver by getting the

necessary approval/ NOCs from respective authority/Department

as per the timeline/barchart submitted to the Hon’ble Court.

43
(b) to give full and correct disclosure on Affidavit of the entire

current status of the project with copies of permissions and status

of the project including details of all the flats/premises with

supporting documents in the form of an Affidavit;

28.4 The Plaintiffs are also seeking a relief of injunction for

restraining the Defendants and all of them from in any manner

directly or indirectly applying for sale permissions or selling,

transferring, alienating, mortgaging or creating leave and license,

tenancy or lease or in any manner encumbering or creating any

third party rights or interest in respect of and/or from entering into

any agreement or understanding with any third party and/or from

granting any further development rights or joint development

rights or sub-development rights in favour of any third party or

person in respect of suit property or for carrying out construction

work of the said building standing on the suit property or any part

thereof, in any manner whatsoever.

28.5 The Plaintiffs state and submit that the Defendant Nos._ have

demonstrated that they are unable to carry out the construction

and have failed to fulfill their commitments for 11 long years and

obligations as contemplated under the aforesaid diverse PAAA

and also as set out under the provisions of MOFA. The Plaintiffs

as such are entitled to all the aforesaid reliefs, final and interim

and ad-interim, for protection of their rights and entitlements.

Failing such relief, the Plaintiffs/Tenants/Occupants will suffer

44
irreparable harm, loss and injury. The balance of convenience is

in favour of the Plaintiffs.

28.6 The Plaintiffs state and submit that the Plaintiffs are entitled

to such mandatory and discretionary relief from this Hon’ble

Court under the provisions of Order XXXIX and XL of The Code

of Civil Procedure, 1908 read with inherent powers under Section

151 of The Code of Civil Procedure, 1908 in the interest of

justice, equity and good conscience.

28.7 In the circumstances aforesaid, it is therefore just, equitable

and in the interest of justice that the reliefs as prayed for be

granted in favour of the Plaintiffs. The balance of convenience

lies heavily in favour of the Plaintiffs. The Plaintiffs state and

submit that the Plaintiffs are not able to get details of the

remaining tenants/occupants. The Plaintiffs intends to protect

rights of all the genuine tenants/occupants subject to their co-

operation.

28.8 Further the Plaintiffs are also entitled to an amount of Rs.___

per square per flat to each of the tenants/ Occupants as damages

suffered by the Plaintiffs and the members of their Association as

damages/compensation and loss suffered by each of them on

account of breaches and default on the part of Defendants in

completing the project and loss of opportunities. The said amount

is calculated on the basis of the current market value of the flats

in vicinity of the suit property and other relevant parameters and

45
would be distributed by the Plaintiffs after decree is passed and

the amount is recovered on the aforesaid basis amongst their

members and tenants/ occupants. The Plaintiffs crave leave to

modify and seek further damages depending on the escalation in

the market value. The Plaintiffs state that the particulars of

Plaintiffs claim are set out in Exhibit__’J’ hereto. The Plaintiffs

are entitled to a charge on the RHC Chawl specifically of the suit

property and [for all the monetary amounts/dues claimed in this

suit and the plaintiffs are entitled to enforce the said charge

through appointment of Receiver and sale of the said property for

realization of the said charge. The Plaintiffs submit that

appropriate order/direction be passed to secure full and effective

reliefs to the Plaintiffs.NOTE:DISCUSS

29. Limitation, Jurisdiction, Court Fees

29.1 It is submitted that the present suit is for enforcement of

statutory obligations of Defendant Nos._, which have not been

complied by Defendants and are presently due to be complied

with as such, there is no limitation for filing a suit for enforcement

of statutory obligations. Thus the present suit filed by the

Plaintiffs for themselves and for and on behalf of their

representatives and the same is well within period of limitation.

Without prejudice, the statutory obligation subsists and the

Plaintiffs have a continuing cause of action, recurring day to day.

Further without prejudice and in any case, the Plaintiffs state and

submit that the diverse PAAAs were executed sometime between

46
the year 2009/2010. The Defendants are to comply with their part

of the Obligations under the PAAA. The Defendants have failed

to commence construction of the said building and the said project

has not commenced till date. The Defendants have been

promising and assuring the Plaintiffs and the members of the

Association that they will start construction soon. The suit as such

is filed within time and no part of the suit or cause of action is

barred by law of limitation.

29.2 The Plaintiffs state that the entire cause of action has arisen

in Mumbai. The suit property is located in Mumbai. The parties

to the suit are residents of and/or carrying on business in Mumbai.

This Hon’ble Court as such, has jurisdiction to try, entertain and

decide this suit.

29.3 The Plaintiffs have not filed any other case related to same

cause in any court of law.

29.4 The Plaintiffs state and submit that the Plaintiffs have filed

this suit primarily for enforcement of the statutory obligations

cast upon the Defendants. However, since the Plaintiffs have

collectively sought the amounts to be paid as arrears of the transit

rent pending since 2016 paid by the Plaintiffs and the members of

their Association from the Defendants and other monetary claims

the aggregate amount of which exceeds Rs._____, they have paid

maximum court fees of Rs. on this suit. The Plaintiffs state and

submit that the Plaintiffs have filed this suit in representative

47
capacity for and on behalf of various tenants/occupants as per the

order passed by this Hon’ble Court on a petition filed by them

under Order I Rule 8 of Code of Civil Procedure.

29.5 The Plantiffs have not been served with caveat on behalf of

the Defendants. The present suit is being filed in representative

capacity on behalf of the Plaintiffs & other flat purchasers. The

present suit is being verified by one Mr. Rohan Sawant who is

conversant with the facts of the case & can depose thereto.

29.6 The Plaintiffs will rely on documents a list whereof is

annexed hereto.

30. The Plaintiff therefore prays that by a decree and Judgment

it be declare that:-

a) PAAA entered into by defendant No.1 in favour of Plaintiffs

and other members of their association & the tenants/occupants

set out in Exhibit “A” hereto and or other tenants/ occupants in

respect of the project of the Defendant No. 1 known as ‘Shreepati

Estate’ on the suit property are valid, subsisting and binding upon

the Defendant Nos.__and

b) That the Defendant No. 1 be decreed, ordered and directed to

pay the outstanding arrears of transit rent due and payable to the

Plaintiffs and other tenants/occupants and further continue to pay

rent for temporary accommodation until handing over possession

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of permanent accommodation to Plaintiffs and other tenants as

listed in EXHIBIT ‘B’ .

c) That the Defendant No.1 be decreed, ordered and directed to

comply with all statutory obligations cast on them under the

provisions of MOFA including inter-alia, the following:-

(i) complete the construction of the said project on the suit

property within a period of two years and hand over the

possession of permanent accommodation to Plaintiffs and other

tenants in accordance with the PAAA.

(ii) to pay requisite stamp duty and register the PAAA executed

with the Plaintiffs and other tenants with the Sub-Registrar office

at the earliest ;

d) for this purpose all necessary decree, order, directions be

passed, enquires be made into the accounts of Defendant No 1 to

take or ascertain these amounts and to grant effective and full

relief to the Plaintiffs;

e) that without prejudice to the prayers (_) and (_) above and in

the alternative thereto, and if this Hon’ble Court comes to a

conclusion that the Plaintiffs are not entitled to the said relief’s

then and only then and as an alternative;

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(i) the 1st Defendant be ordered and decreed to pay to the Plaintiffs

and the other tenants/occupants in the said Project known as

‘Shreepati Estate’ being carried out on the suit property described

in Exhibit “D” the amounts outstanding till now to be paid to the

Tenants/occupants by the Defendants with interest thereon at the

rate of 18% p.a. in accordance with their respective entitlements

till payments and realization and NOTE:DISCUSS

(ii) the 1 st Defendant be ordered and decreed to pay a further sum

of Rs. as compensation to the Plaintiffs and concerned

tenants/occupants as with interest thereon at 18 % p.a. from the

date of the suit till payment and realization an aggregate damages

to be equitably and proportionately distributed amongst the said

tenants/occupants on the basis of their flat area and amounts paid.

The details of particulars of Plaintiffs claim, which include the

claims on behalf of the said informal forum / Association of

Plaintiffs is set out are described in Exhibit “J” as particulars of

Plaintiffs Claim;

(iii) for a declaration that the payment of the amounts mentioned

above and interest thereon stand duly and validly charged on the

suit property described in Exhibit “D” hereto and the construction

thereon;

(iv) such further orders and directions be passed for realization

and enforcement of the said charge and for payment of the net

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realization to the Plaintiffs and each of the flat / premises to the

tenants/occupants in accordance with their respective

entitlements;

(v) a personal decree for any deficiency be passed against the the

Directors of Defendant No1

(f) that pending the hearing and final disposal of the Suit, the

Court Receiver High Court Bombay be appointed as receiver of

the property described in Exhibit “D” hereto with the structures /

construction standing thereon and all the tools and tackles and

construction material standing thereon with all powers under

Order XL Rule 1 of the Code of Civil Procedure including the

following:-

(i) to appoint the Plaintiffs as Agent of the Court Receiver to

enable the Plaintiffs to do the following;

(iv) to supervise the construction work till possession of the Suit

Flats/Units are handed over to the tenants/occupants of the RHC

Chawl

(v) to call for and receive all for the receivables (as may be

directed by this Hon’ble Court) from the Defendants.

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(vi) to hand over the premises to Plaintiffs and tenants/occupants

after completion of the project as per their entitlements;

(g) That pending the hearing and final disposal of the Suit the

Defendant No.1 be ordered and directed to

to make true and correct disclosure on affidavit of the current

status of the project including furnishing originals and copies of

all the permissions and orders and other relevant information and

the particulars together with supporting documents in respect of

amounts received by the Defendant Nos._ and balance

receivables;

(h) That pending the hearing and final disposal of this Suit, the

Defendant Nos. and their members, officers, agents, servants

and/or any other person or persons claiming through or under

them be restrained by an Order and injunction of this Hon’ble

Court from in any manner directly or indirectly applying for sale

or selling, parting with possession of or encumbering or creating

any third party rights whatsoever or authorizing or empowering

any third party to deal with and/or sell or transfer the suit property

and/or the constructed area or flats or premises therein or any part

or parcel thereon which is described in Exhibit “D” to the Plaint

or any part thereof;

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(i) Ad- interim / interim relief’s in terms of prayer clauses (b), ( c

) ii, (g) and (h) above be granted;

(j) Cost of this suit may kindly be granted and

(k) for any other just, equitable and/or consequential relief / order

may kindly be passed in favour of the Plaintiffs as this Hon’ble

Court may deem fit and proper in the facts and circumstances of

the case.

NOTE:(1) FIRST DRAFT/VERIFY FACTS FROM CLIENTS.

2. KINDLY PROVIDE ME LIST OF ALL DOCUMENTS

RELIED UPON BY CLIENTS WHICH ARE EXHIBITED IN

THE AFORESAID DRAFT IN SEQUENCE.

3. TO DISCUSS WITH CLIENTS WHETHER ANY

MORE PRAYERS REQUIRED TO BE ADDED OR ANY

CHANGES REQUIRED IN PRAYERS?

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