IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

COMMERCIAL SUIT NO. OF 2020

USHA NAVGHAR CO-OPERATIVE ]

HOUSING SOCIETY LTD., a Co- ]
operative Housing Society registered under ]
the provisions of the Maharashtra Co- ]
Operative Societies Act,1960 and having ]
its registered office at, Sane Guruji Nagar, ]
90 Ft. DP Road , Mulund (E)Mumbai – 400 ]
081. ] ….Plaintiff

Versus
1) Yashraj Corporation, ]
A Partnership firm duly incorporated ]
under the Indian Partnership Act, 1932,]]
having its registered office at, 100]
Rishikesh apartment off Gokhale Road]
Mulund (East), Mumbai – 400 081. ]

2) Vijay Vitthal Panchal

Adult Indian inhabitant, ]
partner of Yashraj] Corporation having his]
office at, 100, Rishikesh apartment off]
Gokhale Road Mulund (East), Mumbai –]
400 081. ]

3) Yashraj Vijay Panchal

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Adult Indian inhabitant, ]

partner of Yashraj] Corporation having his]
office at, 100, Rishikesh apartment off]
Gokhale Road Mulund (East), Mumbai –]
400 081. ]

4) Sagar Vasant Vani ]

Adult Indian inhabitant, ]
partner of Yashraj] Corporation having his]
office at, 100, Rishikesh apartment off]
Gokhale Road Mulund (East), Mumbai –]
400081. ]…DEFENDANTS

THE PLAINTIFF ABOVENAMED STATES AS UNDER:

PARTIES:

1. The Plaintiff is a Cooperative Housing Society formed in the year

_____ and registered by way of Certificate of Registration dated

_________ bearing No. _______________under the Maharashtra

Co-operative Housing Societies Act, 1960. The Plaintiff society

consisted of about 21 members (hereinafter referred to as the “said

members of Plaintiff”). Hereto annexed and marked as Exhibit _

is a copy of the Society registration certificate dated ______..

2. The Plaintiff society is seized and possessed of or otherwise all and

sufficiently entitled piece of land admeasuring 2303.60 square

meters, bearing CTS number 1138A, 1132A, 1123 A/1/1 of village

Mulund Taluka Kurla district Mumbai, ( hereinafter referred to as the

“said land”) together with a building Usha apartment which was

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standing thereupon. (Hereinafter referred to as the “said old

building”). The said old building and the said land are hereinafter

collectively referred to as “the said property”.

3. The Defendant No. 1 is a Partnership firm duly incorporated under

the Indian Partnership Act, 1932, having its registered office at the

address mentioned in the cause title above. The Defendant Nos.2

to 4 are the partners of the Defendant No.1 firm. The Defendant

Nos.2 and 3 are related by blood and are doing several other

businesses jointly. The Defendants have been carrying on the

business of construction for past several years and are known as

the ‘Yashraj Corporation’ and claim to have constructed several

buildings in Mulund (E) and also elsewhere, either in the name of

Defendant No.1 firm or in the name of other group firms and/or

companies, mostly with the same partners.

CAUSE OF ACTION

4. The Plaintiff and Defendants entered into an agreement for

redevelopment of the said Property on 11th July 2013, by way of

the said agreement it was agreed by and between the parties that

the defendant No. 1 firm was supposed to handover the possession

of the said property within 24 months of the date of the Agreement,

and in the meantime the Defendant No.1 firm had promised to pay

monthly rent to all the members of the Defendants in accordance

with the area of their flats/units.

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5. It is pertinent to note that despite a lapse of almost 10 years from

the date of the said Redevelopment Agreement the construction of

the said building has not been completed and the entire

construction process is at a complete stand still, moreover the

Defendants have not been paying the monthly rents to the

members of the Plaintiff making all the members of the Plaintiff to

suffer untold hardships.

6. It was particularly mentioned in Clause 4 of the Development

Agreement that the Defendant will pay monthly rent

to/compensation to all the members of the Plaintiff in accordance

with the carpet area of their respect flats in the Old building, along

with a hike of 10% annually, till the time of possession of new flat.

However, the Defendant paid the rent only till _____ and the rent

from the period from ____ to _____ amounting to Rs______

collectively payable to all the members of the Plaintiff is due and

pending. Due to the non-payment of the rent/compensation, grave

prejudice is being caused to the members of the Plaintiff.

7. Being aggrieved by the sheer neglect of the said Defendants

towards the construction process, and payment of monthly rent the

Plaintiff society is constrained to file the present suit seeking

specific performance of the said Redevelopment Agreement dated

11th July 2013.

FACTS :
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Brief facts leading to the filing of the present suit are stated as under :

8. In the year 2010, as the said Old building was in a dilapidated

condition the Plaintiff society approached various builders seeking

proposal to redevelop the said property. Accordingly, on ______ the

said Defendants gave their proposal for redevelopment of the said

property to the Plaintiff. After negotiations held and concluded by

and between the Plaintiff and the Defendants, the Plaintiff agreed to

grant development rights to the Defendants to redevelop the said

property by utilizing available FSI and TDR required as per the

approved plans.

9. Thereafter, on 23rd December 2010 the Plaintiff Society passed a

resolution in its special General Body meeting appointing the

defendants as the developers for carrying out the redevelopment of

the said property upon the terms and conditions mutually agreed by

and between them. Hereto annexed and marked as Exhibit _ is a

copy of the said resolution dated 23rd December 2010.

10. Thereafter, the defendants submitted their revised offers for

redevelopment by way of letters dated 20th November 2012 and 5th

December 2012, and the said offers were accepted by the Plaintiff.

Hereto annexed and marked as Exhibit _ are the copies of the

letters dated 20th November 2012 and 5th December 2012.

11. On 11th July 2013, the Plaintiff and Defendant entered into an

agreement for redevelopment of the said property (Hereinafter

referred to as the “said Development Agreement”). As per

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Clause 6 of the said Development Agreement the Defendant was to

complete the Construction within 24 months from the date of the

Execution of the Development Agreement. However, even today

the construction of the proposed new building is incomplete and the

construction process is at a standstill. Hereto annexed and marked

as Exhibit _ is the copy of the Development Agreement dated 11 th

July 2013.

12. Despite the fact that as per the said Development Agreement the

Defendant had agreed to hand over the possession of the

respective premises of the said members of the Plaintiff within 24

months. However the Defendant did not even apply for relevant

permissions to concerned authorities for almost 2 years.

13. In the year 2015, the Defendants directed the Plaintiff society to

vacate the said building for the purpose of the redevelopment.

Hence, in or around June 2015, the all the members of Plaintiff

vacated their respective premises and the said old building was

demolished by the Defendants. ( Is there any communication ?).

14. Thereafter, on 26th June 2015 the defendant made an application

the Mumbai Municipal Corporation seeking the Intimation of

Disapproval (IOD), the Intimation of Disapproval was granted on 2 nd

May 2017. Hereto annexed and marked as Exhibit _ is the copy of

the Intimation of Disapproval dated 2nd May 2017.

15. On 26th June 2015. the defendant also made an application Mumbai

municipal corporation seeking the commencement certificate for

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plinth level construction, same was granted on 9 th February 2018.

Hereto annexed and marked as Exhibit _ is the copy of the

commencement certificate dated 9th February 2018.

16. On 17th November 2017, the Plaintiff addressed a letter to the

Defendant No.1 in view of the change in FSI, requesting the

Defendants to provide an additional area of 50 sq. Ft. area instead

of promised area of 32 Sq. ft with a detailed tabulated statement

illustrating how the demand of the Plaintiff is fair and legal. Hereto

annexed and marked as Exhibit – is a copy of the letter dated 17 th

November 2017. (CLIENTS TO PROVIDE A COPY OF THE SAID

LETTER)

17. Thereafter on 20th November 2017, a meeting was held between

the members of the Plaintiff and the Defendants at the office of the

Defendants, for the purpose of discussing various issues regarding

the said redevelopment process such as payment of pending rents

with 10% annual hike, bank guarantee to be furnished by the

Defendants of Rs. 75,00,000/- (Seventy five lacs only) as per the

clause -___ of the said Development Agreement, increased area to

be allotted to all the members of the Plaintiffs as per the increased

F.S.I. etc.

18. In furtherance of the meeting dated 20 th November 2017, on 15th

December 2017, the Defendant No.1 addressed a letter to the

Plaintiff rejecting most of the demands of the members of the

Plaintiff society citing various unfounded reasons. Hereto annexed

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and marked as Exhibit- is a copy of the letter dated15 th December

2017. (CLIENTS TO PROVIDE A COPY OF THE SAID LETTER).

19. On 20th December 2017, the Plaintiff replied to the letter dated 15 th

December 2017, requesting the Defendant No.1 to reconsider the

request of the members of the Plaintiff made in the meeting dated

20th November 2017 and also pointed out how the reasons cited by

the Defendant No.1 while refusing the requests of the Plaintiff, were

illegal. Hereto annexed and marked as Exhibit - is a copy of the

letter dated 20th December 2017.

20. Clients to share the details of communications, if any during the

years 2018 to 2020.

21. In or around September 2020, the Defendant No.2 contacted the

Secretary of the Plaintiff and requested orally to pass a resolution

removing the Clause 6 of the said Redevelopment Agreement, and

a No Objection Certificate to mortgage/sale the salable units to a

financial institute. By way of the said clause 6 of the said

Agreement the Defendant No.1 had agreed to complete the

construction and handover the possession of the newly constructed

building and the respective flats of the members of the Plaintiff

within 24 months of the Agreement.

22. In view of the above, on 14th September 2020, the Secretary of the

Plaintiff issued a letter to the Defendant No.1 requesting the

Defendants to make the said request of removal of clause 6 and

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NOC for mortgage in writing. Hereto annexed and marked as

Exhibit- is a copy of the letter dated 14th September 2020.

23. On 16th September 2020, the Defendant No. 2 acting on behalf of

the Defendant No.1 issued a letter to the Plaintiff citing the reasons

for the request of the Defendants of removal of clause 6 of the said

Agreement and seeking NOC for mortgaging salable flats Nos.

1002, 1602, 1801, 1802, 1901, 1902, 2001, 2002, 2101, 2102, 2201

and 2202. By way of the said letter, the Defendant No.2 informed

the Plaintiff that owing to the difficulty in getting loan approval from

a financial institute, it was necessary to remove the clause 6.

Further, the Defendants by way of the said letter promised that the

said project will be completed within 24 to 30 months of receiving

the further commencement certificate. Hereto annexed and marked

as Exhibit- is a copy of the letter dated 16th September 2020.

24. Thereafter, on 17th September 2020, the Plaintiff in its special

general body meeting considered the proposal of the Defendant

No.1 of removal of clause 6 of the Development Agreement, and

passed a resolution that, in order to help the Defendants in

expediting the process of redevelopment, the said clause No. 6

from the said Agreement was removed. It is pertinent to note that,

despite the removal of the said clause, the Defendants never made

any genuine efforts to obtain the further commencement Certificate

to fulfill their promise of handing of the possession in 24 to 30

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months after obtaining the further commencement certificate.

Hereto annexed and marked as Exhibit- is a copy of the resolution

dated 17th September 2020.

25. On 18th September 2020,the Defendant No. 2 acting on behalf of

the Defendant No.1 issued a letter to the plaintiff regarding the

payment of monthly compensation/ rent. by way of the said letter

the defendant number 2 promised the plaintiff that if the loan

proposal submitted by the defendants is sanctioned within a month

then rent of rupees 27000 for 1 BHK flat and rupees 32000 for 2

BHK flats will be paid members of the plaintiff from 1st November

2020 for 24 months and after that 10% increment will be given.

Further by way of the said letter the defendant number to admitted

its liability to pay the balance pending rent pending from April 2018

onwards and promised tube pay the same in four instalments from

the date of further commencement certificate. further the defendant

promised pay to pay the difference of the increased rent for the

period from 1st April 2018 to 31st October 2020 at the time of

obtaining the occupation certificate. Hereto annexed and marked as

Exhibit- is a copy of letter dated 18 September 2020.

26. On 17th November 2020 the plaintiff by way of an e-mail addressed

to Defendant No. 2 requested the Defendants to pay the arrears of

the rent and attached the statement of arrears of rent payable to the

members of plaintiff. Hereto annexed and marked as Exhibit-- is a

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copy of email dated 17th November 2020. (CLIENTS TO PROVIDE

A COPY OF THE SAID E-mail).

27. On 16th December 2020 the members of plaintiff society and the

defendant number 2 had a meeting at the office of defendants. in

the said meeting the defendant number 2 promised blenders that

construction of the building will be completed in the time limit

proposed in the RERA registration certificate. Further the defendant

number 2 also promised timeline for commencement of further

construction and completion along with the payment of arrears of

rent.

28. By way of letter dated 24th December 2020 the plaintiff recorded

and forwarded the minutes of the meeting detailed 16th December

2020, to the defendants. here to annexed and marked as Exhibit--

is a copy of letter dated 4th December 2020 recording the minutes

of the meeting dated 16th December 2020.

29. On 2nd January 2021 in reply to the plaintiff's letter dated 24th

December 2020 the defendant number 2 addressed a letter

confirming the developments in the meeting dated 16th December

2020 and elephant in number two also confirmed the contents of

the dated 24th December 2020. further in the said letter it was

mentioned that if defendants failed to obtain a TDR certificate on or

before 15th January 2021 then all the further promises made by

them will be null and void. here to annexed and marked as Exhibit--

is a copy of letter dated 2nd January 2021.

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30. Thereafter on 4th January 2021 the defender number 2 again

address letter in addition to its earlier letter dated 2nd January

2021. by way of the said letter dated 4th January 2021 the

defendant number 2 clarified that even if the TDS Certificate is not

obtained by the defendants on or before 15 January 2021 Dab

statements made in respect of paragraph number 1 to 10 in letter

dated 2nd January 2021 will operable and the defendant I will

complete the work mentioned in the said paragraphs. Hereto

annexed and marked as Exhibit-- is a copy of letter dated 4th

January 2021.

31. On 3rd February 2021, addressed a letter to the defendant number

2, proposing a meeting for discussion over 12 important points

regarding the redevelopment process, payment of arrears of rent,

additional area to be allotted to the members of plaintiffs,

confirmation of further Commencement Certificate etc. Hereto

annexed and marked as Exhibit-- is a copy of letter dated 3rd

February 2021.

32. On 17th February 2021 the defendant number 2 replied in detail to

the letter dated 3rd February 2021 addressed by the plaintiff. by

way of the said letter dated the defendant number 2 by citing

various reasons and excuses used delaying tactics obtaining

extension of time power commencing and completing the remaining

construction work. Hereto annexed and marked as Exhibit-- is a

copy of letter dated 17th February 2021.

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33. On 22nd February 2021 the plaintiff addressed reply the letter dated

2021 addressed by the defendant number 2 and pointed out that all

the statements made by the defendant number 2 by letter dated

17th February 2021 were false and incorrect. Further, the plaintiff

also pointed out that all the statements made by the defendant

number 2 were absolutely misleading and bogus, such as the

different number 2 had mentioned that he was enclosing the further

commencement certificate, however there was no enclosure to the

said letter etc. Hereto annexed and marked as Exhibit-- is a copy

of letter dated 3rd February 2021.

34. Being aggrieved by the misleading promises made by the

defendant , on 1st June purpose of deciding the further course of

action taken against the defendant appointment of lawyer for taking

legal action against the defendants. hair tour next and after exhibit –

exhibit--- are the copies of letters dated 1st June 2021 and 18th

June 2021 respectively. 2021 and 18th June 2021 the plaintiff

society held a meeting of its members for the

35. On 29th July, 2021 the members of the blended and the defendant

number 2 telephonic conversation during the said conversation the

defendant number 2 made various promises regarding payment of

arrears of rent, obtaining the commencement certificate etc. this

fact was recorded by the plaintiff in the letter dated 31st July 2021

and request was made to the defendant number 2 give all the

things in writing which the respondent number 2 had promised

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telephonically. Hereto annexed and marked as exhibit--- is of letter

dated 31st July 2021.

36. In furtherance to the letter dated 31st July 2020 the plaintiff address

a letter dated 3rd August 2021 to seek upon the six points mention

in the letter dated 20 31st July 2021 and pointed out to the elephant

in number 2 that the elephant had failed to furnish bank guarantee

Rs. 4500000 in favour of the plaintiff. further the plaintiff pointed out

to the defendant pending rent Corpus penalty was above Rs. 3

crores therefore in order to pay the pending rent and the Corpus

penalty the plaintiff requested the defendant to mortgage two

saleable flats on the proposed 18th floor. Hereto annexed and

marked as exhibit--- is of letter dated 31st July 2021.

37. thereafter on 10th August 2021 the plaintiff addressed another e-

mail to the defendant number 2 for restricting the height of the

proposed building, as there is a possible threat to the stability of the

structure of the proposed building. here to annexed and marked as

exhibit-- is a copy of email dated 10th August 2021

38. on 13th August 2021, the the plaintiff held a meeting with its

members for deciding the further course of action by seeking a legal

advice. Hereto annexed and marked as exhibit is a copy of minutes

of the meeting dated 13th August 2021.

39. on 14th August 2021 the plaintiff passed a resolution to appoint an

advocate to take appropriate legal actions against the defendants.

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Hereto annexed and marked as exhibit-- is a copy of the resolution

dated 14th August 2021.

40. on 16 August 2021, the plaintiff address and email to the defendant

pointing out to the defendant that before commencing with the

further construction work it was necessary to carry out structural

audit of the building as rainwater visibly passed through the

columns and beams of the upper floor which weakened the

structure. here to annexed and marked as exhibit copy of the email

dated 16th August 2021.

41. on 23rd August 2021, the plaintiff addressed an e-mail to the

defendant number 2 enclosing detailed statement of outstanding

rent, Corpus transportation expenses etc. and pointed out that the

total payable amount by the defendants to the plaintiff was Rs.

3,13,55,309/-( rupees three crores thirteen lacs fifty five thousand

three hundred and nine).

here to annexed and marked as exhibit is a copy of the email dated

23rd August 2021.

42. on 1st November 2021 the Advocate of the plaintiff addressed a

legal notice the defendant no.1, calling upon the defendants pay the

pending rent along with interest and to commence and complete the

construction of the proposed Building obtaining necessary

permission at the earliest.

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here to annexed and marked as exhibit-- is a copy of the legal

notice dated 1st November 2021.

43. 27th November 2021, the defendants applied legal notice dated 1st

November 2021. by way of the said reply the defendants denied all

the contentions raised in the said legal notice. further defendants

attributed the fault of delay in completion of the project today

revised DCR and the covid-19 pandemic. in respect of the rent and

other dues the defendants mentioned that all the issues will be

resolved in a meeting for amicable settlement. here to annexed and

marked as exhibit-- is a copy of the reply dated 27th November

2021 to the legal notice dated 1st November 2021.

44. on 28th December 2021, the advocates of the plaintiff photo

second legal notice to the defendants, calling upon them to pay the

rent arrears along with interest comply with the clauses of the

agreement, provide a specific statement of status of application

made obtaining commencement certificate and provide the details

of the RERA account pertaining to the said project. ere to annexed

and marked as exhibit-- is a copy of the second legal notice dated

28th December 2021.

45. The Plaintiff and Defendant had many meetings for resolving the

issue, however, the Defendant has not yet taken any concrete
 17

solution to resolve the issues. The Plaintiff also addressed many

letters and legal notices to the Defendant raising these issues, but

the Defendant is only delaying the project on one pretext or

another.

46. The Defendant has failed to obtain the necessary permissions to

complete the construction work and has also not been paying the

monthly rents as per the said redevelopment agreement. Therefore,

the members of Plaintiff are collectively the entitled to receive an

amount of Rs. 4,40,65,695/- ( Rs. Four Crores forty lacs sixty five

thousand six hundred and ninety five only) Summary of total

amounts receivable from the Defendant towards the rent/

compensation charges are tabulated as under:

Statement of Rent
receivable
/Corpus/Transportation
expenses & Penalty as on
30.06.2022
Sr.N Name of Old New Old Rent Act Balance Corpus Corpus Corpus Transpor Transpo TPT. out Net
o. Member Area Area Flat receivab ual outstandi Due paid outstandi t rt standi outstandin
of of Flat No. le Rent ng ng Exp.Due paid ng g
Flat red
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
1 Shri 700 660 1 0 0 0 0 0 0 0 0 0 0
G.N.Nadkarni
2 Rajendra 290 660 2 1108960 0 1108960 188500 0 188500 10000 0 10000 1307460
Choudhery
3 Mrs. Jyoti Gala 435 550 3 2995614 1321454 1674160 282750 21206 70688 10000 5000 5000 1749848
2
4 Shrikant 635 805 101 4882421 2221707 2660714 419250 30000 119250 10000 5000 5000 2784964
G.Sathe 0
5 K.N.Narashim 530 805 102 3768033 1601380 2166653 344500 25837 86125 10000 0 10000 2262778
han 5
6 Arun Jadhav & 525 660 103 3796143 1808639 1987504 341250 25593 85313 10000 5000 5000 2077817
Mrs.Sonal 7
7 Santosh 635 805 201 4414518 2006273 2408245 412750 30956 103189 10000 5000 5000 2516434
P.Sangtani 1
8 Mrs. Jyoti 530 660 202 4084135 1869998 2214137 341250 25593 85313 10000 5000 5000 2304450
Chandrahas 7
9 Mrs. Madhuri 525 660 203 3976545 1808641 2167904 341250 25593 85313 10000 5000 5000 2258217
M. Bhatkar 7
10 R.A.Kulkarni 525 660 301 3500100 1632350 1867750 341250 25593 85313 10000 5000 5000 1958063
7
11 Atul Doshi 645 805 302 3456273 2036273 1420000 412750 30956 103189 10000 5000 5000 1528189
1
12 J.P.Panse 525 660 303 3067184 1304619 1762565 341250 25593 85313 10000 5000 5000 1852878
7
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13 Mrs.Vishalaxi 525 660 401 3973376 1813424 2159952 341250 25593 85313 10000 5000 5000 2250265
K.Moorthy 7
14 Arun Ingle 645 805 402 4882421 2189774 2692647 419250 30000 119250 10000 5000 5000 2816897
0
15 K.A.Mani 525 660 403 3901304 1783424 2117880 341250 25593 85313 10000 5000 5000 2208193
7
16 Milind 635 805 501 3889675 1219880 2669795 412750 30956 103188 10000 5000 5000 2777983
M.Vaidya 2

17 Vishnu G. 530 660 502 4042665 1723644 2319021 341250 25593 85313 10000 0 10000 2414334
Gulabani 7
18 K.K.Wazge 525 660 503 3377088 1376612 2000476 341250 25593 85313 10000 5000 5000 2090789
7
19 Hemant 525 660 601 3973376 1806864 2166512 341250 25593 85313 10000 5000 5000 2256825
Deshmukh 7
20 Vijay Sheth 645 860 602 4683839 2458246 2225593 419250 31443 104813 10000 5000 5000 2335406
7
21 Mrs. 525 660 603 4002533 1778941 2223592 341250 25593 85313 10000 5000 5000 2313905
Bhanumati.L 7
Pasad
11580 7577620 33762143 42014060 7065500 51288 1936635 200000 85000 115000 44065695
3 65

47. Being aggrieved by the non-performance by the Defendant of its

liability under the clauses of the said Development agreement.

The Plaintiff is filing the present suit or specific performance of the

Development Agreement.

48. Due to the national lockdown and other intervening circumstances

owing to the Covid Pandemic the Plaintiff could not approach this

Hon’ble Court earlier.

49. The Plaintiff submits that the Suit is therefore within time and not

barred by limitation. However, by way of abundant precaution, a

separate Application for condonation of delay shall be filed by the

Plaintiff, if deemed necessary.

50. The said dispute between the parties arose in Mumbai. The Plaintiff

society is situated in Mumbai and the Defendant has its office

carries on its business in Mumbai . Therefore, the whole cause of

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action has, arisen in Mumbai. This Hon’ble Court therefore has the

jurisdiction to try and entertain the present suit.

51. For the purpose of Court fees, the Plaintiffs value the suit claim at

present is Rs. ____________________(as per the details available)

along with interest at the rate of ____% (____) and have

accordingly paid maximum Court fees of Rs.3,00,000/-.

52. The dispute between the parties being of commercial nature and

the suit being valued at present Rs. __________________( as per

the details available) + interest % ___ Rs, the commercial division

of this Hon’ble Court has the jurisdiction to try the present suit.

The Plaintiff states that the cause of action first arose in or about

________ when the Defendant starded making defaults in its

liability under the Development Agreement. , and informed the

defendant of its liability to pay the said amount of Rs.

__________.However, owing to the possibility of settlement and the

fact that the Defendant had never denied its liability to a proceeding

for specific performance was not initiated by the Plaintiff, based on

categorical representations and assurances of the Defendant which

the Plaintiff verily believed.

53. The Plaintiffs will rely upon the documents, a list whereof is

annexed hereto.
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54. The Plaintiff states that the cause of action arose within the

jurisdiction of this Hon’ble Court. The amounts were paid at Mumbai

and the Defendants have their place of residence at Mumbai. The

Defendants were to repay the amount to the Plaintiff in Mumbai.

Therefore, the cause of action has arisen in Mumbai. Therefore, this

Hon’ble Court has jurisdiction to try this case.

55. The plaint is verified by _______ the Secretary/ Chairman of the

Plaintiff who is personally aware of the facts and circumstances of

the present matter and is also duly authorized by a resolution to that

effect.

56. The Plaintiff therefore prays that:

a) That this Hon’ble Court be pleased to pass an order

and decree, directing the Defendant to pay the Plaintiff

pending rent of Rs. _______( as per the break up)

towards the maintenance charges paid by the Plaintiff

from_____ till the date

b) That this Hon’ble Court be pleased to pass an order

and decree, directing the Defendant to pay the Plaintiff

the said amount of Rs.______ towards the rent with

interest @ of __% for delay in making payment of

rent/compensation payable by the Defendant from

______till date. .
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c) That this Hon’ble Court be pleased to pass an order

and decree, directing the Defendant to perform its part

under the Development Agreement of redevelopment of

the said property.

d) For the costs of this suit;

e) For such further reliefs as the nature and circumstances

of the case may require.

For Plaintiff

(Chairman)

Advocates for the Plaintiff

(_________________

Plaintiff abovenamed

VERIFICATION

I, ________________________________ do hereby solemnly

declare and state that what is stated in paragraphs 1 to ___and of the

foregoing Plaint is true to my own knowledge and what is stated in the

remaining paragraphs ___ and ___is pursuant to legal advice and I

believe the same to be true.

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Solemnly declared at Mumbai )

this ____ day of )

Before Me

Advocates for the Plaintiff