SECTION XVII

Listed on: 04.07.2016 Court No: 1 Item No: 39

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 7448 - 7450 OF 2016

Kumar Builders and Ors. ...Petitioners

VERSUS

Kalyani T. Deshpande and Ors. Etc. Etc. ...Respondents

OFFICE REPORT

The Special Leave Petitions above-mentioned were listed before the Hon'ble Court on 15th March, 2016, when the Court was pleased to pass the following Order:

"Taken on Board.

Applications for exemption from filing O.T. and for permission to place additional documents on record are allowed.

Issue notice returnable within eight weeks.

On an oral prayer made by Shri Dushyant Dave, learned senior counsel, we add Pune Municipal Corporation as a party respondent. Cause title be amended accordingly.

Notice shall issue to the newly added respondent through the Commissioner,Pune Municipal Corporation.

Notice shall issue to the newly added respondent through the Commissioner,Pune Municipal Corporation.

1) Obtain an occupation certificate from the Pune Municipal Corporation after removing all objections which the Corporation may have to raise.

The Corporation shall in turn within two weeks from the receipt of copy of this order, indicate to the petitioners, the objections, if any, to the issuance of the occupation certificate.

2) The petitioners shall withdraw the challenge mounted by them before the District Joint Registrar of Cooperative Societies to the formation of the Cooperative Society by the respondents.

3) The petitioners shall execute a conveyance deed in favour of the Cooperative Society formed by the respondents/allottees.

4) The petitioners shall complete the laying of the children park as a part of the amenities which the petitioners were otherwise bound to provide under the agreement, if not already laid.

5) The petitioners shall also explore the possibility of setting up a club house and swimming pool within the available space in consultation with the respondents.

6) The maintenance amount collected by the petitioners shall be transferred to the credit of the Cooperative Society formed by the respondents/allottees.

7) The amount of Rs. 6,00,000/- (Rs. 2,00,000/- per person) awarded by the District Forum towards damages shall also be deposited within two weeks, if not already deposited. The amount so deposited, shall be disbursed to the respondents by the District Forum.

Subject to the above, further proceedings in execution before the District Forum, subject to the above, shall remain stayed."

In view of above said Order amended cause title has been included in the paper book and accordingly, show cause notice was issued on 11.04.2016.

S.L.P (Civil) No. 7448 of 2016

There are four respondents in the matter above mentioned. Respondent Nos. 1 to 3 and 4 are represented through M/s. Kamakshi S. Mehlwal and Aparna Jha, Advocates respectively but they have not filed counter affidavit so far.

S.L.P (Civil) No. 7449 of 2016

There are two respondents in the matter above mentioned. Respondent Nos. 1 and 2 are represented through M/s. Kamakshi S. Mehlwal and Aparna Jha, Advocates respectively but they have not filed counter affidavit so far.

S.L.P (Civil) No. 7450 of 2016

There are three respondents in the matter above mentioned. Respondent Nos. 1 to 2 and 3 are represented through M/s. Kamakshi S. Mehlwal and Aparna Jha, Advocates respectively but they have not filed counter affidavit so far.

Service of notice is complete.

The matters above-mentioned are listed before the Hon'ble Court with this Office Report.

DATED THIS THE 1ST DAY OF JULY, 2016

ASSISTANT REGISTRAR

Copy to: Mrs. Liz Mathew, Advocate Ms. Kamakshi S. Mehlwal, Advocate Ms. Aparna Jha, Advocate

ASSISTANT REGISTRAR