Bombay High Court
New Shivam Co-Op Hsg. Soc. Ltd. , Mumbai vs M/S Raj Publicity, Bandra W Mumbai on 15 April, 2019
Author: R. G. Ketkar
Bench: R. G. Ketkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition NO. 12033 OF 2018
New Shivam Co-operative Housing Society
Ltd., Mumbai ...Petitioner
Versus
M/s. Raj Publicity ...Respondent
....
Mr. Suraj Gothwal, Advocate for the Petitioner.
Mr. Kunal Bhanage, Advocate for the Respondent.
....
CORAM : R. G. KETKAR, J.
DATE : 15th APRIL, 2019 P.C.
1. Heard Mr. Suraj Gothwal, learned counsel for the petitioner and Mr.Kunal Bhanage, learned counsel for the respondent, at length.
2. By this Petition under Article 227 of the Constitution of India, the petitioner, hereinafter referred to as the 'defendant', has challenged the order dated 21.9.2018 passed by the Appellate Bench of the Small Causes Court at Mumbai in Misc. Appeal No.300/2018. By that order, the Appellate Court allowed the appeal preferred by the respondent, hereinafter referred to as the 'plaintiff', and set aside the order dated 7.8.2018 passed by the learned Judge, Court Room No.8 of the Court of Small Causes at Bombay below Exhibit-8 in L.D. Suit No.73/2018. The Appellate Court issued injunction restraining the 1/4 ::: Uploaded on - 16/04/2019 ::: Downloaded on - 17/04/2019 01:18:09 ::: 2 12.wp.12033-18 defendant from dispossessing the plaintiff from the suit premises without following due process of law during pendency of the suit. The plaintiff was permitted to deposit an amount of Rs.85,000/- per month regularly in the Court and the defendant was held to be entitled to withdraw the same.
3. Mr. Gothwal has invited my attention to the affidavit of Gaurav Hemant Walawalkar dated 4.3.2019 along with offer dated 18.6.2018 given by Mr. Gaurav Walawalkar on behalf of Graffitti Images Media Pvt. Ltd. (for short, 'Graffitti'). The Graffitti has submitted revised final proposal offer i.e. monthly rental of Rs.1,50,000/- per month, increment on rental @ 8% after every two years, contract period will be for ten years and refundable security deposit will be three months rent.
4. Mr. Gaurav Walawalkar on behalf of Graffitti is present in the Court today. He has tendered photo-copy of his Aadhaar Card which is taken on record and marked 'A' for identification. He confirms the offer of Graffitti recorded in the email dated 18.6.2018 at page.173 of the petition. He assures that if the Municipal Corporation of Greater Mumbai (for short, 'Corporation') gives him fresh permission in respect of disputed site of hoarding, he stands by the offer of Rs.1,50,000/- per month.
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5. Mr. Gothwal and Mr. Walawalkar state that within one week from today the defendant society will enter into an agreement for the purpose of displaying hoardings with Graffitti. Mr. Walawalkar assures that within one week from execution of the agreement, Graffitti will file application for issuing fresh permit in respect of the disputed site in accordance with the prevailing policy as of date. It is made clear that the agreement proposed to be entered into between the defendant society and Graffitti shall be without prejudice to the rights and contentions of the plaintiff and no equity shall be claimed based on it.
6. Mr. Bhanage states that Mr. Kailash Yadav (also known a Dayaram R. Yadav), Vice-President of the plaintiff is present in the Court today. He has tendered a photo-copy of his Aadhaar Card, which is taken on record and marked 'B' for identification. Upon taking instructions from him, Mr. Bhanage states that the plaintiff is ready and willing to increase their offer to Rs.1 Lakh per month. He further states that the permit issued to the plaintiff was upto 31.12.2018. The plaintiff has already made an application to the Corporation on 18.10.2018 for renewal of the permit and said application is still pending. He submitted that suitable direction may be issued to the Corporation to decide renewal application filed by the plaintiff.
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7. In view thereof, following order is passed:
i. Hearing of this Petition is deferred till 11.6.2019. ii. In the meantime, within one week from today the defendant society and Graffitti will enter into an agreement for displaying hoarding at the suit site. However, same shall be without prejudice to the rights and contentions of the plaintiff. The defendant society and Graffitti will not claim any equity based on this agreement.
iii. Within one week from entering into agreement, Graffitti will make an application to the Corporation for issuing fresh permit in respect of the disputed site. Said application shall be decided by the Corporation on the basis of the policy that is prevailing. The application shall not be rejected on the ground that the plaintiff's application for renewal of permit is pending and that the plaintiff's hoarding is still at the disputed site. iv. In case, the permit is issued to Graffitti, it will pay Rs.1,50,000/-
per month to the defendant society.
v. After deciding the application of Graffitti, the Corporation will also decide the application dated 18.10.2018 made by the plaintiff for renewal of their permit. Said application shall be considered by the Corporation on the basis of the policy prevailing as on 18.10.2018.
vi. In case, the Corporation does not grant fresh permit to Graffitti and renews the permit of the plaintiff, the plaintiff shall pay Rs.1 Lakh per month to the defendant society.
8. All concerned parties, including the Corporation, to act upon the authenticated copy of this order. Order accordingly.
(R. G. KETKAR, J.) Deshmane (PS) 4/4 ::: Uploaded on - 16/04/2019 ::: Downloaded on - 17/04/2019 01:18:09 :::