Bombay High Court
Kalina Meenakshi Cooperative Housing ... vs Kumar Builders Mumbai Realty Pvt Ltd on 28 January, 2019
Author: R. D. Dhanuka
Bench: R. D. Dhanuka
(1) crr-219.17.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO.219 OF 2017 IN NOTICE OF MOTION NO.966 OF 2016 IN SUIT NO.276 OF 2016 Kalina Meenakshi Co-operative Housing Society Ltd. : Plaintiff versus Kumar Builders Mumbai Realty Pvt. Ltd. : Defendant. Mr. Maneesh Trivedi ik/by Vigil Juris for the Plaintiff. Mr. Karl Tamboli a/w Mr. Murlidhar Kumar and Ms. Sanaea Umrigar I/by Udwadi and Co. for the Defendant Mr. D N Kher OSD from the office of the Court Receiver Office present.
CORAM : R. D. DHANUKA
DATE : 28th January 2019
P.C.
1 Mr. Tamboli, the learned counsel appearing for the Defendant
states that rest of the work has been already completed. He tenders a chart showing the current status of the work. In the said chart the Defendant has also dealt with the comments of the architect Shetgiri and Associates. It is submitted by the learned counsel for the Defendant that occupation certificate cannot be granted by the Municipal Corporation for Greater Mumbai (for short "MCGM") unless the electrical work is carried out i.e. installation of meter connection. It is submitted that the application has already made by the Defendant in that behalf to Adani Electricity Limited on 04/05/2018. He submits that on visit to the office of the said Adani Electricity Ltd. by his lgc 1 of 5 ::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:33:42 ::: (1) crr-219.17.doc client's representative, they were informed that unless the cable lines are laid by the MCGM, the said Adani Electricity Ltd. would not be able to install the electric meter. The learned counsel suggests that in view of these unavoidable circumstances, the court can consider to issue notice upon the said Adani Electricity Ltd as well as the MCGM for issuing directions to do the needful expeditiously.
2 In so far as other issues raised by the Plaintiff's about the alleged delay in work is concerned, it is submitted that Shetgiri & Associates, the Plaintiff and the Defendant be directed to remain present along with advocates at site for inspection of work.. The said architect can verify the status of completion of work as claimed by the Defendant in the chart tendered to this court today in the presence of both the parties. 3 Mr. Tamboli the learned counsel for the Defendant states that whatever work is required to be carried out immediately as may be found by the Shetgiri & Associates after visiting the site in the presence of both the parties, the same would be completed by his client within 10 days from the date of such visit and remaining work would be carried out before handing over the vacant and peaceful possession to the members of the Plaintiff. Statement is accepted as an undertaking to this court.
lgc 2 of 5
::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:33:42 :::
(1) crr-219.17.doc
4 I therefore pass the following order :-
i] The authorized representatives of the Plaintiff and the Defendant
shall remain present at site on 31/01/2019 at 11.00 am. ii] Both the parties or their authorized representatives along with the representative of Shetgiri & Associates shall remain present on the appointed date and time without fail. The representative of the court receiver also shall remain present at the same time. iii] The statements made by Mr. Karl Tamboli, the learned counsel for the Defendant is accepted as and by way of undertaking to this court.
iv] Office is directed to issue notice upon the legal department of the MCGM with a direction to depute an authorized officer who is concerned with the work in question before this court on 01/02/2019 at 11.00 am.
v] Adani Electricity Ltd. is also directed to depute one of their officers to inform this court as to when the said company would be lay the cable and the meter in the suit property.
lgc 3 of 5
::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:33:42 :::
(1) crr-219.17.doc
vi] The MCGM shall inform this court as to when the excavation work
would be carried out by the corporation for laying the cable and thereafter when the occupation certificate would be issued. vii] The Defendant is directed to convey this order to the said Adani Electricity Ltd. as well as the legal department of the MCGM. viii] The parties as well as the authorities concerned to act upon the authenticated copy of this court.
ix] The learned counsel appearing for both the parties on instructions agree that they would execute the agreements for permanent alternate accommodation.
x] Mr. Karl Tamboli, the learned counsel for the Defendant on instructions states that such agreements would be executed with the members of the Plaintiff society within 30 days from today after getting those agreements duly stamped. Statement made by the learned counsel for the Defendant is accepted as and by way of undertaking to this court.
lgc 4 of 5
::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:33:42 :::
(1) crr-219.17.doc
xi] It is made clear that in so far as the issue raised by the Plaintiff, as
a condition precedent for execution of the agreements for permanent alternate accommodation, payment of additional shifting charges and payment of penalty in view of the alleged delay on the part of the Defendant in handing over the possession of the premises to the respective members of the Plaintiff society, shall be made, is concerned, the Plaintiff would be at liberty to file appropriate application and can accept the possession and execute the agreements without prejudice to the rights and contentions of both the parties.
[R. D. DHANUKA, J]
lgc 5 of 5
::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:33:42 :::