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

Yashraj Corporation,

(Through its partners)[A1]

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.

THE PLAINTIFF ABOVENAMED STATE AS UNDER:

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. 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 at measuring 2303.60 square meters,

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

Taluka Kurla district Mumbai together with a building Usha apartment

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which was standing thereupon. ( Hereinafter referred to as the “said

property” ).

3. The Defendant 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.

4. After negotiations held and concluded by and between the Plaintiff and

the Defendant, the Plaintiff agreed to grant development rights to the

Defendant to redevelop the said property by utilizing available FSI and

TDR required as per the approved plans. Accordingly on 23rd

December 2010 the Plaintiff Society passed a resolution in its special

General Body meeting appointing the defendant 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.

5. Thereafter, the defendant submitted its revised offers for

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

December 2012 and the said offer was accepted by the Plaintiff. .

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

dated 20th November 2012 and 5th December 2012.

6. On 11th July 2013, the plaintiff and defendant entered into an

agreement for redevelopment of the said property. As per Clause 6 of

the Development Agreement the Defendant was to complete the

Construction within 24 month from the date of the Execution of the

Development Agreement. Hereto annexed and marked as Exhibit _ is

the copy of the Development Agreement dated 11th July 2013.

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

Defendant had agreed to hand over the possession of the respective

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premises of the members of the Plaintiff. However the Defendant did

not even apply for relevant permissions to concerened authorities for

almost 2 years.

8. Thereafter on 26 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

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

municipal corporation seeking the commencement certificate for plinth

level construction, steam was granted on 9th February 2018 . Hereto

annexed and marked as Exhibit _ is the copy of the

10. On______ in accordance with the Development Agreement dated 11th

July 2013, the Plaintiff handed over the vacant possession of the said

property to the Defendant, despite that, the Defendant has not started

construction work till date.

11. 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, 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.

12. The Plaintiff and Defendant had many meetings for resolving the issue,

however, the Defendant has not yet taken any concrete solution to

resolve the issues. The Plaintiff also addressed many letters to the

Defendant raising these issues, but the Defendant is only delaying the

project on one pretext or another. Hereto annexed and marked as

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Exhibit _ are the coppies of all the communicatins/correspondences

between the Plaintiff and the DefendANT REGRDING THE DELAY

AND NON- PAYMEMT OF RENT.

13. Thereafter from __________till date approximately Rs. ____were

received towards rent/ compensation from the Defendant to all the

members of the Plaintiff Society and the Plaintiff is presently the

entitled to recover an amount of Rs. ________Summary of total

amounts receivable from the Defendant towards the rent/

compensation charges are tabulated as under:

14. 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.

15. Due to the national lockdown and other intervening circumstances

owing to the Covid Pandemic the Plaintiff could not approach this

Hon’ble Court earlier.

16. 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.

17. 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 action has,

arisen in Mumbai. This Hon’ble Court therefore has the jurisdiction to

try and entertain the present suit.

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

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

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

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

19. 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.

20.

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

hereto.

22. 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.

23. 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.

24. The Plaintiff therefore prays that:

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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. .

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

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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.

Solemnly declared at Mumbai )

this ____ day of )

Before Me

Advocates for the Plaintiff