Bombay High Court
Rajawadi Arunodaya Co-Operative ... vs Value Projects Pvt Ltd on 7 January, 2021
Author: G.S. Patel
Bench: G.S. Patel
23-24-CARBPL-74-2020+.DOCX
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM ARBITRATION PETITION (L) NO. 74 OF 2020
Rajawadi Arunodaya CHSL ...Petitioner
Versus
Value Projects Pvt Ltd ...Respondent
WITH COMM ARBITRATION PETITION (L) NO. 3930 OF 2020 Value Projects Pvt Ltd ...Petitioner Versus Rajawadi Arunodaya CHSL ...Respondent Mr Mayur Khandeparkar, with Mr Tushar Gujjar and Mr Ameet Mehta, i/b Solicis Lex, for the Petitioner in CARBPL/74/2020 and for the Respondent in CARBPL/3930/2020. Mr Rohan Shah, with Mr Paresh Shah, Mr S Rajan and Ms Pooja Bhatia, i/b Shah & Sanghvi, for the Respondent in CARBPL/74/2020 and for the Petitioner in Shephali CARBPL/3930/2020.
Mormare Digitally signed by Shephali Mormare Date: 2021.01.07 CORAM: G.S. PATEL, J 19:14:01 +0530 (Through Video Conference) DATED: 7th January 2021 PC:- Page 1 of 3 7th January 2021 23-24-CARBPL-74-2020+.DOCX
1. Heard through video conferencing.
2. Mr Shah need to take instructions on behalf of the Developer, Value Projects Private Limited, pursuant to some discussions in Court today.
3. In the meantime, Mr Khandeparkar states that a notice has been received from the MCGM. A copy of this is to be sent by the Advocates for the society to the Advocates for the developer on or before 9th January 2021.
4. It seems that the MCGM has said that the property under the development is now under attachment for arrears of property tax dues. It is also stated that no further development permissions of any kind will be given to anybody in respect of this particular property. It is also further stated, or so I am told, that the developer itself will, because of this question of arrears of property tax, not receive any building permissions for any other project elsewhere in the city or in the command area of the MCGM.
5. This requires, to my mind, the joinder of the MCGM through the appropriate department to both Section 9 Petitions. Clearly it is necessary in the interest not only of the two Petitioners in the rival petitions, i.e. the society and the developer, but also to ensure that the interests of the statutory authority are not even inadvertently comprised in any order that may come to be passed hereafter.
Page 2 of 37th January 2021 23-24-CARBPL-74-2020+.DOCX
6. Accordingly, both Petitions are to be amended to join the MCGM through its building proposals department. Copies of the main Petitions (though not all Affidavits) are to be served on the MCGM's legal department. I will request the Court Associate to contact Mr Sagar Patil who regularly appears for the MCGM in this Court and ask him to accept the brief so that further orders can be passed keeping the interest of all in mind.
7. Amendments in both the matters are to be carried out in hard copy and soft copy on or before 11th January 2021, without need of reverification.
8. List the matters on 15th January 2021.
9. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.
(G. S. PATEL, J) Page 3 of 3 7th January 2021