Madanmohan Murarilal Kotia vs Kotia Nirman Commercial Premises ... on 13 April, 2023

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Bombay High Court

Madanmohan Murarilal Kotia vs Kotia Nirman Commercial Premises ... on 13 April, 2023

Bench: B. P. Colabawalla

                                                                  40 nms 2556-19.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                      NOTICE OF MOTION NO. 2556 OF 2019
                                    IN
                      CONTEMPT PETITION NO. 163 OF 2019
                                      WITH
                      CONTEMPT PETITION NO. 163 OF 2019
                                     IN
                       NOTICE OF MOTION NO. 278 OF 2011


Modanmohan M. Kotia                                         ..Applicant/ Plaintiff

Versus

Kotia Nirman Commercial
Premises CHSL & Ors.                                    .. Defendants/Contemnors
                                   WITH
                       CONTEMPT PETITION NO. 75 OF 2012
                                     IN
                       NOTICE OF MOTION NO. 278 OF 2011

Ashok Punjabi & Ors.                                        ..Petitioners

Versus

High Class Developers & Ors.                                .. Respondents

Mr. Anuj Desai a/w Umesh Tawari i/b. M/s. S. A. Ashwinikumar & Co. for the Applicant in NMS/2556/19 and for the Petitioner in CONP/163/19 and for Respondent No.4 in CONP/75/12.

Mr. Ajay Panicker a/w Rajat Bhogale i/b. Ajay Law Associates for the Petitioner in CONP/75/12 and for Respondent No.3 in CONP/163/19.

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APRIL 13, 2023 Laxmi ::: Uploaded on - 13/04/2023 ::: Downloaded on - 14/04/2023 15:31:46 ::: 40 nms 2556-19.doc Mr. Yashesh Kamdar a/w Swati Sawant i/b. S. K. Legal Associates LLP for Respondent No.4 in CONP/163/19 and for Respondent Nos. 1 and 2 in CONP/75/12.

Ms Kejali Mastakar for MCGM.

CORAM: B. P. COLABAWALLA, J DATE: APRIL 13, 2023 P. C.

1. The above Notice of Motion is filed seeking the following reliefs:

"(a) That pending the hearing and final disposal of the above Petition, this Hon'ble Court may be pleased to appoint Court Commissioner to inspect all the 24 car parking space/basement of the said Kotia Nirman Building and thereafter submit a detailed report in respect of the occupation and usage of the said 24 car parking space/basement;

(b) That pending the hearing and final disposal of the above Petition, this Hon'ble Court after considering the Court Officer/Commissioner's inspection report in respect of all the 24 car parking spaces/basement of the said Kotia Nirman Building, comes to a conclusion that there is contempt of the Order dated 4 th April, 2012 then this Hon'ble Court may direct the Respondents/Contemnors to carry out the following work (at their own costs):

i. To immediately vacate and clear the basement, to remove all storage tanks, brewery machines, packaging materials and empty the basement rain water tank with immediate effect;

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APRIL 13, 2023 Laxmi ::: Uploaded on - 13/04/2023 ::: Downloaded on - 14/04/2023 15:31:46 ::: 40 nms 2556-19.doc ii. After complying with condition (i) above, to immediately appoint a proper Architect, Agency as well as pesticide control agents and organizations for treatment of the hazardous condition created by the said Respondents/Contemnors;

iii. After complying with conditions (i) and (ii) above, the Respondents/Contemnors may be directed to take appropriate certificate from BMC certifying the whole basement area to be rats, rodents as well as insects free and hazardous free and as well as all such commercial activity in basement storage and parking area;

(c) That pending the hearing and final disposal of the present Notice of Motion this Hon'ble Court be pleased to grant ad-interim reliefs in terms of prayers

(a) and (b) above;"

2. Before any other reliefs can be granted in this motion, the parties are ad-idem that the Notice of Motion can be allowed in terms of prayer clause (a). In these circumstances, the above Notice of Motion is allowed in terms of prayer clause (a) reproduced above.

3. With the consent of parties, Mr. Prakash Tathe, an Associate of this Court, is appointed as the Court Commissioner.

4. The Court Commissioner is directed to visit the site on 15 th April, 2023 at 11.00 a.m. and file a report in respect of the occupation and usage of the 24 car parking spaces/basement on or before 21 st April, Page 3 of 4 APRIL 13, 2023 Laxmi ::: Uploaded on - 13/04/2023 ::: Downloaded on - 14/04/2023 15:31:46 ::: 40 nms 2556-19.doc 2023. At the time of visit of the Court Commissioner, the representative of the Petitioner, Applicant as well as the Respondents can also remain present.

5. The parties have agreed that they shall equally share the charges of the Court Commissioner. The same is duly noted.

6. Place the above matters on board on 21st April, 2023.

7. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[ B. P. COLABAWALLA, J ].

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APRIL 13, 2023 Laxmi ::: Uploaded on - 13/04/2023 ::: Downloaded on - 14/04/2023 15:31:46 :::

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