Bombay High Court
Smitha Prakash Shetty vs Bimladevi Premratan Damani And Anr on 10 August, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.15709 OF 2022
WITH
WRIT PETITION NO.15442 OF 2022
WITH
WRIT PETITION NO.15721 OF 2022
WITH
WRIT PETITION NO.15723 OF 2022
AND
WRIT PETITION NO.15708 OF 2022
Smitha Prakash Shetty ... Petitioner
Vs.
Bimladevi Pramratan Damani and anr. ... Respondents
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Mr.G.S.Godbole, Senior Advocate with Mr.Farid Karachiwala and Ms.Sneh
Parikh i/by M/s J. Sagar Associates, Advocates for the Petitioner in WP
No.15709 of 2022.
Mr.Farid Karachiwala with Ms.Sneh Parikh i/by M/s J. Sagar Associates,
Advocates for the Petitioner in WPs No.15708, 15442, 15721, 15723 of
2022.
Mr.Murtaza Kachwalla with Mr.Aashdin Chivalwala i/by M/s Argus
Partners, Advocates for the Respondents No.1 and 2 in all 5 matters.
-------
CORAM : ABHAY AHUJA, J.
DATE : 10 AUGUST, 2023. P.C. :
1. Pursuant to previous orders of this court, the application to the Mumbai Repair Board alongwith accompanying documents has been Priya R. Soparkar 1 of 4 ::: Uploaded on - 11/08/2023 ::: Downloaded on - 12/08/2023 04:05:57 ::: 2 28 wp 15709-22 and ors-c.doc made on 8th August, 2023 on behalf of the condominium by Mr. Lokhandwala. Mr.Murtaza Kachwalla, learned counsel for the Respondents would submit that earlier on 30 th June, 2023 an application for No Objection Certificate without reimbursement was submitted by the Respondents to the Mumbai Repair Board. Learned counsel for the Respondents would submit that it is only after submission of the said application that the application for the structural work alongwith accompanying documents could have been made, which was made on 8 th August, 2023.
2. Mr.Godbole, learned senior counsel for the Petitioner has drawn the attention of this court to the previous orders and would submit that the Respondents have deliberately delayed the proceedings which clearly suggests that they have no intention of carrying out the structural repairs. Learned senior counsel would submit that it is only pursuant to this writ petition and orders of this court from time to time that the Respondents have filed the said application on 8 th August, 2023 and also completed the supporting and propping work of the structure on 7 th August, 2023 much beyond the time-line referred to on pages 710 and 711 of the proceedings. Learned senior counsel also submits that Priya R. Soparkar 2 of 4 ::: Uploaded on - 11/08/2023 ::: Downloaded on - 12/08/2023 04:05:57 ::: 3 28 wp 15709-22 and ors-c.doc structural repairs would typically require the permission of the municipal corporation which the Respondents have neither considered nor have made and that would further delay the entire repair work at the Petitioner's risk and danger during the monsoon season.
3. Mr.Murtaza Kachwalla, learned counsel for the Respondents would submit that once an application is made to the Mumbai Repair Board, to his knowledge, no permission for structural repairs is required from the municipal corporation. He however submits that he would need to take complete instructions in the matter and seeks some time. Learned counsel would submit that although there has been a delay, however, the delay has not been intentional.
4. Having heard learned counsel at some length and having perused the time-line on pages 710 and 711 of the affidavit of the Petitioners, this court is of the view that in order that the Respondents do not further delay the matter, the following order be passed:-
(i) Let the Respondents give a complete time-line of the tasks mentioned at items 11 to 19 on page 711 as and by way of an affidavit and undertaking to this court duly Priya R. Soparkar 3 of 4 ::: Uploaded on - 11/08/2023 ::: Downloaded on - 12/08/2023 04:05:57 ::: 4 28 wp 15709-22 and ors-c.doc singed by the Respondents by the next date.
(ii) Let the Respondents also inform this court as to the requirement of the permission of the municipal corporation for carrying out the structural repairs and also the date by which they would receive approval to the application dated 4th august, 2023 filed on 8th August, 2023 by Mr. Lokhandwala.
5. List this matter for further directions on 22nd August, 2023.
6. In the meanwhile, it is made clear that in the event the Respondents receive the permission, the further steps as mentioned on page 711 to commence within a period of one week.
(ABHAY AHUJA, J.)
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