Bombay High Court
Goverdhangiri Co-Operative Housing ... vs Bharat Infrastructure And Engineering ... on 20 March, 2019
Author: S.C.Gupte
Bench: S.C.Gupte
sat 1/2 CPCD 34-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL CONTEMPT PETITION NO. 34 OF 2019 IN COMMERCIAL ARBITRATION PETITION NO. 244 OF 2017 Goverdhangiri Co-operative Housing Society Ltd. ...Petitioner vs Bharat Infrastructure and Engineering Ltd. & Ors. ...Respondents Mr.Amogh A. Singh with Bhavin R. Bhatia & Abhishek Mishra for Petitioner. Mr.Piyush Raheja I/b. Chetan Yadav for Respondent No.2. Mr.D.N. Kher, OSD from Court Receiver's office. CORAM : S.C.GUPTE, J.
DATE : 20 MARCH 2019 P.C. :
This application is moved in a pending commercial contempt petition complaining of a congregation to be held in a building under construction belonging to the Petitioner society by the Respondent developers. The development project is today under a court receiver. By an order dated 1 March 2018, Court Receiver, High Court, Bombay, has been appointed as a receiver in respect of this project. The Receiver has been directed to complete the project after constituting a committee comprising of individuals named in the order. The Petitioner society is aggrieved by a public notice, which appeared in Mumbai Mirror of 15 March 2019, that there would be a public function held in the premises between 20 to 24 March 2019. It is submitted that arrangements have been made in flats presently under construction for accommodation of individuals.
::: Uploaded on - 20/03/2019 ::: Downloaded on - 21/03/2019 05:37:44 :::sat 2/2 CPCD 34-2019.doc 2 Court Receiver's representative, who is present in court,
confirms that no intimation about such function was given by the Respondents to the Receiver's office and no such issue was ever discussed with the Court Receiver.
3 In no circumstances can portions of the building under construction be occupied by any outsiders. Considering that the function has been already extensively advertised and a congregation of people is expected to assemble at site, the Respondents are directed to ensure that such congregation is held in the compound of the building and no portions of the building under construction are occupied during this period.
4 Learned Counsel for the Respondents states that any arrangement made in the compound of the building shall be vacated at the close of the function on 24 March 2019 and no nuisance will be created at site.
5 Reply, if any, to be filed to the affidavit of the Petitioner dated 20 March 2019 within a week from today. The commercial contempt petition to come up on board for admission on 29 March 2019.
(S.C. GUPTE, J.) ::: Uploaded on - 20/03/2019 ::: Downloaded on - 21/03/2019 05:37:44 :::