Bombay High Court
Generic Engineering Construction And ... vs Sharifabai Kutubuddin Waff-Ul-Aulad ... on 25 August, 2021
Author: G.S. Patel
Bench: G.S. Patel
31-IAL-16792-2021 IN COMSL-16783-2021.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 16792 OF 2021
IN
COMMERCIAL SUIT (L) NO. 16783 OF 2021
Generic Engineering Construction & Projects Ltd ...Plaintiff
Versus
Sharifabai Kutubuddin Wakf-ul-Aulad Trust & ...Defendants
Ors
Mr Zal Andhyarujina, Senior Advocate, with Jahaan Dastur, Ajay
Vazirani, Ameya Deosthale and Sharanya Mahimtura, i/b
Lexicon Law Partners, for the Plaintiff.
Mr Rohaan Cama, with Pheroze Mehta, Archit Jayakar, Pooja Yadav
and Prasad Sawant, i/b Jayakar & Partners, for Defendants
Nos. 1, 2 and 5.
Mr Aseem Naphade, with Archit Jayakar, Pooja Yadav and Prasad
Sawant, i/b Jayakar & Partners, for Defendants Nos. 2, 22, 24,
26 and 28.
Mr Cyrus Ardeshir, with Mustafa Kachwala, Ketki Pansare and
Roshni Sewlani, i/b Kachwala Misar & Co, for Defendants Nos.
ARUN
RAMCHNDRA
6 and 25.
SANKPAL Mr Mayur Khandeparkar, with Rahul Singh and Pranali Raut, i/b
Digitally signed by
ARUN RAMCHNDRA
Legal Catalyst, for Defendants Nos. 7 to 21.
Mr Chetan Kapadia, with Dhwani Mehta, i/b DM Law Chambers,
SANKPAL
Date: 2021.08.26
11:13:57 +0530
for MI Realty.
CORAM: G.S. PATEL, J
Page 1 of 3
25th August 2021
31-IAL-16792-2021 IN COMSL-16783-2021.DOC
DATED: 25th August 2021
PC:-
1.Mr Andhyarujina for Generic Engineering has tendered a sealed bid containing a broad offer. I did not permit this to be filed earlier because there was a rival builder, MI Realty. On the last occasion, Mr Kapadia appeared for MI Realty and took time to submit a rival bid (also under seal).
2. On the basis of a convenience compilation, Mr Kapadia for MI Realty submitted that MI Realty was in discussions with one or more of the various groups involved, but does not any longer want to engage in this discussion or project. MI Realty does not want to get involved in a litigation relating to this development. It has therefore not submitted an offer, though given the opportunity to do so. It is not going to make an offer and has no interest in the development. On this representation, Mr Kapadia asked to be excused from continued appearance. I granted him that leave. MI Realty is therefore not involved in this project.
3. Mr Andhyarujina's clients' offer was opened in Court today. It will now be shared with the others.
4. To avoid complicating matters, none of the groups or individuals involved are to open negotiations with any other builder until the next date of hearing on 14th September 2021. If another front is opened, it will immeasurably complicate matters. If another builder is to be involved, that can be considered only after 14th September 2021.
Page 2 of 325th August 2021 31-IAL-16792-2021 IN COMSL-16783-2021.DOC
5. There are now three sets of groups involved. I have explained in open Court to all concerned what are the aspects that they will have to look at. Generic Engineering itself will have to prepare further particulars to its proposal including timelines, project costs, the schedules for payment of arrears and so on. Area statements need to be confirmed as also amounts due. All of this needs some work and will take some time.
6. List the matter for orders, high on board, on 14th September 2021.
7. This of course is without prejudice to the rights and contentions of everybody.
8. This order will be digitally signed by the Private Secretary/Personal Assistant 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 25th August 2021