Bombay High Court
Haji Israr Alam Mohd Nazir Siddiqui vs Mohd. Aslam Haji Israr Alam Siddiqui And ... on 5 February, 2019
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
9Ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) No. 162 of 2019
IN
SUIT No. 1011 of 2014.
Haji Israr Alam Mohd. Nazir Siddiqui & Ors. ..Applicants.
In the matter between :
Haji Israr Alam Mohd. Nazir Siddiqui & Ors. ..Plaintiffs.
vs.
Mr. Mohd. Aslam Haji Israr Alam Siddiqui & Ors. ..Defendants.
Ms. Nusrat Shah a/with Kevinn Gala I/by Kevinn Gala for the
Plaintiffs.
Ms. Pervin Contractor I/by Samaa Shah for Defendant No. 1, 3, 5
and 6.
Mr. B.P. Pandey a/with Mr. Vikas Pandey for Defendant No.4.
Ms. Kavita A. Shah for Defendant No.7.
Mr. Girish M. Agarwal for Defendant No.8.
CORAM : B. P. COLABAWALLA, J.
DATED :- 5th February, 2019.
P.C. :
1. This Notice of Motion is taken out by the applicant(original Plaintiff) for ad-interim relief seeking a direction 1/5 2-nms-162-19.doc ::: Uploaded on - 06/02/2019 ::: Downloaded on - 07/02/2019 23:18:16 ::: from this Court to defendant No.7 to hand over to the plaintiff commercial premises being Gala/Shop No. 130-A admeasuring 2243 square feet carpet area on the ground floor and the first floor of the building known as Qureshi Estate, situate at 122/139, Sukhlaji Street, Mumbai-400 008 (for short "the said premises"). Prayer clause (b) in the motion is to allow the plaintiff to withdraw the entire amount deposited by defendnant No.7 in this Court along with accrued interest and which deposits were made from time to time pursuant to an order passed by this Court on 14th March,2016 in Notice of Motion No. 679 of 2016.
2. Defendant No.7 was seized and possessed of or otherwise well and sufficiently entitled to the leasehold property together with the tenements, chawls dwelling houses, etc. and other pucca structures standing thereon and situate at Sukhlaji Street, Mumbai-400 008 in the Registration District and Sub-District of Mumbai City admeasuring approximately 4184 square yards or thereabout bearing C-S No. 208 of Tardeo Division. Various premises in the buildings / structures standing on the said property were occupied by tenants who were protected under the provisions of the Maharashtra Rent Control Act, 1999. The said property went for 2/5 2-nms-162-19.doc ::: Uploaded on - 06/02/2019 ::: Downloaded on - 07/02/2019 23:18:16 ::: redevelopment. When this happened an agreement was entered into between defendant No.7 as the Owners/Developers, on the one hand and the plaintiffs as the tenants on the other hand and which agreement was styled as an agreement for permanent alternate accommodation. This agreement was executed on 30th December, 2011 and has been duly stamped and registered. It now transpires that the redevelopment is complete and defendant No.7 is willing to hand over the commercial premises being Gala/Shop No. 130-A to the plaintiff as per the agreement dated 30th December, 2011. It is in these circumstances that the present motion has been filed and ad-interim relief is sought.
3. The prayer for the ad-interim relief is opposed by Defendant No. 4 and 8 respectively. Defendant no.4 is one of the sons of the plaintiff. As far as defendant No.8 is concerned, he claims to be a mortgagee who had given a loan to defendant No.6.
This motion is yet to be finally heard. However, I do not think that the said premises should be kept vacant in the meanwhile. Prima facie, the agreement dated 30th December, 2011 does entitle the plaintiff to occupy the said premises. Considering that Defendant No.8 stakes his claim to these premises as a mortgagee, I think, as 3/5 2-nms-162-19.doc ::: Uploaded on - 06/02/2019 ::: Downloaded on - 07/02/2019 23:18:16 ::: an ad-interim order, it would be in the fitness of things if a Court receiver is appointed on these premises and the plaintiff is allowed to occupy the same as an agent of the Court Receiver without payment of any royalty or security. It is accordingly so ordered.
4. Defendant No.7 has stated before me that they shall hand over possession of the said premises (Gala No.130-A) to the Court Receiver within a period of two weeks from today. The said statement is accepted.
5. Once the possession is handed over to the Court Receiver, the Court Receiver shall put the plaintiff in occupation of the said premises within a period of four weeks thereafter, subject to the plaintiff executing the necessary agreements and documents as an agent of the Court Receiver. Considering that defendant No.7 is going to hand over the possession to the Court Receiver, it shall no longer be liable to deposit any amount in this Court which they were doing in lieu of compensation for temporary alternate accommodation.
6. All the defendants who seek to file a reply to this notice of motion shall do so within a period of two weeks from today and 4/5 2-nms-162-19.doc ::: Uploaded on - 06/02/2019 ::: Downloaded on - 07/02/2019 23:18:16 ::: serve a copy of the same on the advocates for the plaintiff.
7. Place this notice of motion for hearing on 5th March, 2019. This motion to be heard along with Notice of Motion (Lodging) No.2432 of 2018 and other connected notice of motions.
(B.P. COLABAWALLA, J.) 5/5 2-nms-162-19.doc ::: Uploaded on - 06/02/2019 ::: Downloaded on - 07/02/2019 23:18:16 :::