Bombay High Court
Pant Nagar Parijatak Co-Operative ... vs M/S. Kumar Builders Mumbai Reality Pvt. ... on 17 June, 2019
Author: G.S.Kulkarni
Bench: G.S. Kulkarni
pvr 1 10carbp359-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO.359 OF 2017
Pant Nagar Parijatak Co-op.Hsg.Soc.Ltd. ...Petitioner
Versus
M/s.Kumar Builders Mumbai Realty Pvt.Ltd. ...Respondents
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Mr.Tushar Gujjar with Shweta Merchant, Bhushan Bhatia I/b. Solicis Lex,
for the Petitioners
Mr.Karl Tamboly with Murlidhar Kumar, Sanaea Umrigar I/b. Udwadia &
Co., for the Respondents.
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CORAM : G.S. KULKARNI, J.
DATE : 17 June 2019
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P.C.
1. This petition was heard from time to time. On 24 January 2019 the Court had passed the following order:-
" It is necessary to correct the title of the Order dated 29.11.2018. In the title of the said order, the reference to Notice of Motion No. 97 of 2016 in Suit No. 758 of 2017 be deleted.
2. The original order dated 29.11.2018 be corrected accordingly. The corrected copy be made available to the parties.
3. On 29.11.2018, this Court considering the anxiety of the Petitioner that since last more than ten years the members of the Petitioner are out of their premises passed the following order :-
"1. Mr.Tamboly learned counsel for respondent no.1 states that all essential steps/measures are being taken on behalf of respondent no.1 to pursue the application already made in September 2018 for the drainage connection. It is ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 01:37:23 ::: pvr 2 10carbp359-17.doc stated that also necessary steps are being taken also to obtain electricity connection and complete all the other necessary works so that an application for a occupation certificate can be made to the Municipal Corporation at the earliest.
2. There is much substance in the contention as urged on behalf of the petitioner that when the building is complete, permanent alternate premises should be made available to the members of the petitioner who are out of their premises, since last more than 10 years. Mr.Tamboly would not dispute this contention as urged on behalf of learned counsel for the petitioner. In fact, it is in the interest of all the parties including the respondents to resolve all these issues at the earliest, by making an application for the occupation certificate so that all the tenements including re-resale and commercial premises can be occupied by the entitled occupants.
3. To enable Mr.Tamboly learned counsel for the respondent no.1 to take instructions on the above issues, stand over for one week. (6.12.2018).
4. It is clarified that considering the submissions which would be made, on the progress of the actions to be undertaken on the part of the respondents, the Court shall pass further necessary orders on the adjourned day of hearing.
All concerned to act on an authenticated copy of the order."
4. Mr/Tamboli, learned counsel for the Respondent submits that after the above order was passed by this Court, further steps were taken and the Respondent intends to place on record an Affidavit on the steps taken in the intervening period. It is informed that the affidavit is ready and it would be filed during the course of the day. Permission to file Affidavit is granted. A copy of the Affidavit is also received by the learned counsel for the Petitioner.
5. Mr. Tamboli has orally submitted that the Respondent is pursuing their Applications for electricity connection, drainage connection and also an Application for Part Occupation Certificate with the Municipal Corporation. If the Applications are already pending then the concerned Authorities are bound to definitely consider the said Applications and on all the compliance being met, grant appropriate permissions. The respondent would be required to take all necessary steps expeditiously, as in view of the fact that ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 01:37:23 ::: pvr 3 10carbp359-17.doc members of the Petitioner are awaiting the permanent alternate accommodation for last ten years and more particularly, when the building appears to be substantially complete. It would also be permissible for the Respondent to apply to the Municipal Corporation for 'Part Occupation Certificate', if so permissible in law. All necessary steps be taken by the Respondent in this behalf. Accordingly, the hearing of this Petition is adjourned to 07.02.2019.
6. Needless to observe that depending on what further action will be taken by the authorities and the electric company, on hearing the parties on the adjourned date, this Court would pass appropriate orders."
2. Mr.Tamboly, learned Counsel for the respondents states that all the NOCs which are necessary for an application as made to the MHADA for occupation certificate are submitted to the MHADA. It is informed that the amended NOC from the Chief Fire Officer is obtained in June, 2019 and for final CFO NOC, the application is in process. It is informed that piped gas and meters work is completed, as also stack parking, car lift, compound wall and gate work, building lobby work is completed by the respondent. Learned Counsel for the petitioner would submit that rent for the month of May,2019 is not paid. Mr.Tamboly on instructions, states that regularly rent was paid and now the rent which is outstanding was payable in June,2019, and it would be paid in this month. Statement is accepted.
3. Mr.Tamboly, learned Counsel for the respondents, on instructions, submits that even the agreements in regard to permanent alternate ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 01:37:23 ::: pvr 4 10carbp359-17.doc accommodation would be executed with the members of the petitioner-
society within one month from today. Statement is accepted.
4. Considering the nature of the earlier order passed, there is hardly any dispute remaining between the parties. Keeping all the contentions of the parties open, this petition is disposed of. No costs.
5. It is clarified that in any case, if there is any need for the petitioner to file appropriate proceedings in relation to the subject matter, the petitioner would be at liberty to do so and in that regard all contentions of the parties are kept open.
(G.S.Kulkarni, J.) ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 01:37:23 :::