Supreme Court - Daily Orders
Cipla Limited vs The Competent Authority And The ... on 26 August, 2021
Bench: Vineet Saran, Dinesh Maheshwari
ITEM NO.13 Court 9 (Video Conferencing) SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).7130/2021
(Arising out of impugned final judgment and order dated 22-04-2021
in WPL No. 3706/2019 passed by the High Court Of Judicature At
Bombay)
CIPLA LIMITED Petitioner(s)
VERSUS
THE COMPETENT AUTHORITY AND THE DISTRICT DEPUTY
REGISTRAR, CO-OPERATIVE SOCIETY (1) CITY & ORS. Respondent(s)
(IA No.67841/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA
No.63092/2021 - EXEMPTION FROM FILING O.T., IA No.77840/2021 -
MODIFICATION OF COURT ORDER)
Date : 26-08-2021 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE VINEET SARAN
HON'BLE MR. JUSTICE DINESH MAHESHWARI
For Petitioner(s) Dr. A.M. Singhvi, Sr. Adv.
Ms. Bindi Dave, Adv.
Mr. Azeem Samuel, Adv.
Mr. Leshan Sinha, Adv.
Mr. Aayesh Gandhi, Adv.
Ms. Priyakshi Bhatnagar, Adv.
Ms. Apoorva Kaushik, Adv.
Mr. Pranaya Goyal, AOR
For Respondent(s) Mr. Chirag M. Shroff, AOR
Mr. Shyam Divan, Sr. Adv.
Mr. Prateek Seksaria, Adv.
Mr. Saket Mone, Adv.
Mr. Subit Chakrabarti, Adv.
Mr. Vishesh Kalra, Adv.
Ms. Priyashree Sharma Ph, Adv.
Ms. Sugandha Yadav, Adv.
Ms. Rushali Agarwal, Adv.
Mr. Kush Chaturvedi, AOR
Signature Not Verified
Mr. Rahul Chitnis, Adv.
Digitally signed by
Charanjeet kaur
Date: 2021.08.27
Mr. Sachin Patil, AOR
16:51:01 IST
Reason: Mr. Aaditya A. Pande, Adv.
Mr. Geo Joseph, Adv.
Mr. Garvesh Kabra, AOR
1
Ms. Aruna Savla, Adv.
Mr. Harshad Pimple, Adv.
UPON hearing the counsel the Court made the following
O R D E R
IA No.77840/2021 This is an application filed by the respondent no.4, primarily with the prayer for clarification of the order dated 21.05.2021 passed by this Court.
Brief background facts relevant for the present purpose are that for the purpose of managing the Peninsula Business Park, the practice followed by the members of the respondent no.4/Society and the petitioner, who are all occupants of the Peninsula Business Park, was provided for in the order dated 23.06.2020 passed by the Bombay High Court, which was modified on 26.06.2020. The problem arose because the earlier property management contract, which was between the builder and the respondent no.7 (CBRE South Asia Private Limited) had expired and as an interim arrangement the same was continued only till June, 2021. Thereafter, because of certain disputes, which the parties state were because of non-payment to the respondent no.7, the said contract has not been renewed and thus, this application has been filed with the prayer to permit the respondent no.4/Society to enter into a fresh property management contract for the purpose of managing the Peninsula Business Park, including the buildings and surrounding area. Since, the contract with the respondent no.7 has come to an end and there is a genuine problem of maintenance of the Peninsula Business Park, which includes cleaning, arranging for lighting of the general area, maintenance of lifts etc., it is found necessary 2 by this Court that an interim arrangement should be made for the upkeep of the buildings of the Peninsula Business Park and the general area. It is noteworthy that before us there are only two contesting parties i.e., the petitioner and the respondent no.4/Society.
Having heard Mr. Shyam Divan, learned senior counsel for the applicant/respondent no.4 and Dr. A.M. Singhvi, learned senior counsel for the petitioner, who are the main contesting parties, and considering the totality of the circumstances, as an interim arrangement, we direct as under:-
(a) A Working Committee, for the purpose of the upkeep of the buildings of the Peninsula Business Park, as well as the open area including for engaging a property management contractor, shall be constituted with three members; one member each shall be nominated by the petitioner and the respondent no.4/Society, and the third member shall be the Member-
Secretary, State Legal Services Authority (SALSA), Maharashtra, who shall be the Chairman of the Working Committee and shall be authorized to convene the meetings for taking appropriate decisions in the three-member Working Committee to be headed by him. This committee shall be known as, “Working Committee, Peninsula Business Park”.
(b) The Working Committee shall be authorized to appoint a property management contractor for the upkeep of the Peninsula Business Park, buildings and open area, as expeditiously as possible after obtaining offers broadly on the terms on which the earlier contractor was engaged. The price for the same 3 shall be settled by the Working Committee.
(c) After the property management contract is entered into, which may be for a period upto 1 year, the new property management contractor shall issue the bills to all the individual unit holders, which would include the petitioner and the members of the respondent no.4/Society and, on receipt of the bills through the property management contractor, the individual unit holders will pay the amount of the individual bills, plus 1% extra, to the Working Committee. In turn, the Working Committee shall pay the dues to the property management contractor.
(d) The said 1% extra is for the overall expenses of the Working Committee, out of which a sum of Rs.25,000/- per month shall be paid to the Chairman of the Working Committee, i.e., Member-Secretary, SALSA, as honorarium.
(e) The Working Committee shall be provided with all the past accounts by the relevant persons, which includes the petitioner, respondent no.4 and respondent no.7.
(f) The Working Committee shall be authorized to open an account in a bank of its own choice, which shall be operated under the joint signatures of Chairman and the two members.
(g) The Working Committee, as mentioned above, shall be constituted at the earliest, which shall then make every endeavour to enter into the property management contract with an appropriate agency as expeditiously as possible, preferably within three weeks.
(h) The decision in the Working Committee shall be taken by 4 consensus, but if there be a difference of opinion, then by majority vote.
All these interim arrangements are being made wholly without any prejudice to the rights and contentions of the parties. A copy of this order be sent to the Member-Secretary of SALSA, Maharashtra for necessary and immediate compliance. IA No.77840/2021 is disposed of.
The interim order granted earlier in this matter shall continue, subject to the modifications as aforementioned. List the main matter for final disposal immediately after six weeks on a non-miscellaneous day.
(ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS 5