Bombay High Court
Ashok Hariram Parwani And 23 Ors vs Silvex Developers Private Limited And ... on 13 February, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
2-IAL-24397-21.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 24397 OF 2021
WITH
COURT RECEIVER'S REPORT NO. 15 OF 2022
IN
COMMERCIAL SUIT (L) NO. 24394 OF 2021
Ashok Hariram Parwani & Ors. ...Applicants/
Plaintiffs
Versus
Silvex Developers Pvt.Ltd. & Ors. ...Defendants
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Ms. Neeta Jain a/w Mr. Salman Haider i/by M.L. Kukreja for the
Plaintiffs.
Mr. Farhan Dubhash a/w Mr. Sachin Kudalkar i/by M/s. Madekar &
Co. for the Defendant No. 2.
Ms. Bhoomika Vyas h/f Mr. Sangram Chinnaypa for the Defendant
No. 3.
Mr. Durgaprasad Poojari i/by PDS Legal for the Defendant Nos. 7
and 8.
Mr. Sandesh Shukla a/w Mr. Dhaval Patil i/by M/s. K. Ashar & Co.
for the Defendant Nos. 9 to 11.
Ms. Sheetal Metakari i/by Sunil Sonawane for the Defendant-MCGM.
Mrs. Rekha Rane, 2nd Asstt. to C.R. present.
Mr. Amol Shetgiri, M/s. Shetgiri & Associates-Architects.
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CORAM : R.I. CHAGLA J
DATE : 13 February 2023
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ORDER :
1. Matter had been stood over today at 2.30 p.m. in order to consider compliance of the order dated 14th November 2022.
2. There were certain submissions to be made by the learned Counsel for the parties on the report submitted by M/s. Shetgiri & Associates dated 25th June 2022.
3. Mr. Farhan Dubhash, learned Counsel appearing for the Defendant No. 2 has sought a clarification with regard to the items mentioned in xiii under the heading " Estimated costs towards the approvals, sanctions from MCGM & The other statutory authorities including the statutory expenses as hereinunder: @ Basic F.S.I. [1.00]" in the Report of M/s. Shetgiri & Associates. Under this item, regularization charges for occupying the flats without occupation certificate including other regularization charges towards variations upto the 6th floors compared with the sanctioned plans and including variations observed about the 6th floor upto the existing 13th floor of the building structure have been mentioned. 2/5 ::: Uploaded on - 18/02/2023 ::: Downloaded on - 04/06/2023 14:01:50 :::
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4. Mr. Dubhash has sought a clarification as to whether the regularization charges pertain to the flats upto the 6th floors or beyond.
5. Mr. Shetgiri, who is present in this Court has referred to his Report and has mentioned that the variations with respect to the original sanctioned plans beyond the 6th floor and upto the 13th floor level have been demolished and removed. The aforementioned regularization charges are for variations upto the 6th floor which will have to be regularized by payment of regularization charges at actuals to the MCGM. He has further submitted that a flat-wise break up of the regularization charges upto the 6th floor where there are variations with the sanctioned plan and for which total regularization charges is stated to be an estimated amount of Rs. 3.5 Crores shall form part of the additional Report which shall be filed by the M/s. Shetgiri & Associates. This would enable the members of the Defendant No. 2-Society to know their respective regularization charges which they will have to incur and which this Court has directed for deposit of the regularization charges. 3/5 ::: Uploaded on - 18/02/2023 ::: Downloaded on - 04/06/2023 14:01:50 :::
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6. Considering that the further Report is required to be filed by M/s. Shetgiri & Associates giving a flat-wise break up of regularization charges, the operative part of (ii) of paragraph 4 of the order dated 14th November 2022 is modified by extending the time for making deposit of the estimated amount of Rs. 3.5 Crores for regularization by the concerned members of the Defendant No. 2- Society occupying the subject building. The Defendant No. 2 shall deposit the regularization charges with the Court Receiver within a period of three weeks upon being served with the additional Report by M/s. Shetgiri & Associates giving flat-wise break up of regularization charges.
7. M/s. Shetgiri & Associates shall file the additional Report within a period of four weeks from the date of this order. The Report filed by M/s. Shetgiri & Associates shall also be made available to the respective parties in the above Interim Application.
8. The Report of M/s. Shetgiri & Associates shall be placed before this Court on 20th March 2023 at 2.30 p.m. when the above matter will be taken up.
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9. It is clarified that the fees incurred by M/s. Shetgiri & Associates for carrying out the exercise of flat-wise break up of regularization charges shall be borne by the Applicants/Plaintiffs.
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