Bombay High Court
Diago Co-Operative Housing ... vs Hussain Shah Alias Bhai And Ors on 6 February, 2023
Bench: R. I. Chagla
1-CRR 131.2021 in S.142.2022.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COURT RECEIVER'S REPORT NO.131 OF 2021
IN
SUIT NO.142 OF 2022
Digho Co-operative Housing Society Ltd. ...Applicant/Plaintiff
Versus
Hussain Shah alias 'Bhai' & Ors., ...Respondents/
Defendants
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Mr. Digaj Mishra a/w Mr. Nishit Dhruva a/w Mr. Prakash Shinde a/w
Ms. Niyati Merchant a/w Mr. Yash Dhruva a/w Mr. Harsh Sheth i/b
MDP & Partners, Advocates for Plaintiff.
Mr. Karl Tamboly a/w Kumar Nichani i/b Vasim Siddhiqui, Advocate
for Defendant No.1.
Ms. K.H. Mhaskar, Advocate for MCGM.
Mrs. Rekha Rane, 2nd Assistant to Court Receiver present.
Mr. Sunil Katare, Jr. Engineer, Building & Factory Department,
H/West Ward present.
Mr. Vijay Dhondiram Takokul, Sr. Inspector/Facilitator, H/West Ward
present.
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CORAM : R.I. CHAGLA J.
DATE : 6TH FEBRUARY, 2023.
ORDER :
1. Ms. Mhaskar, the learned Advocate appearing for the MCGM
has tendered Affidavit-in-Reply dated 2nd February, 2023 to the Court
Receiver's Report. Additional Affidavit of the Plaintiff-Society is
1-CRR 131.2021 in S.142.2022.doc
tendered by the learned Counsel for the Plaintiff.
2. Ms. Mhaskar states that Mr. Sunil Katare, Jr. Engineer, Building
& Factory Department, H/West Ward is present in the Court. In the
said Affidavit-in-Reply, it is stated that Registration Certificate
obtained in respect of the subject premises under the Maharashtra
Shops & Establishments (Regulations of Employment and Conditions
of Service) Act, 2017 on 23rd May, 2019 stands cancelled on 5th
December, 2019. She has further stated that in compliance with the
order dated 23rd January, 2023, the MCGM had scheduled demolition
of the suit premises on 3 rd February, 2023. Upon visiting the suit
premises, the suit premises was found locked and accordingly the
proposed demolition of additional construction could not take place.
3. Mr. Tamboli, learned Counsel appearing for the Judgment
Debtor states that appropriate steps will be taken with regard to the
the notice issued by MCGM for demolition of the suit premises. Ms.
Mhaskar states that a speaking order will be passed after considering
any response from the Defendant No.1 with regard to the legality of
the additional construction in the suit premises.
4. In the Court Receiver's Report No.131 of 2021, it is stated by
1-CRR 131.2021 in S.142.2022.doc
Court Receiver that symbolic possession of the suit premises has been
taken by affixing notice of possession on both the doors. However,
the Respondent No.1 had refused to execute the usual undertaking to
safeguard the Suit premises in favour of the Court Receiver on
account that few clauses were not aggreable to him. Accordingly, Mr.
Tamboly shall instruct his client to execute the usual undertaking to
safeguard the Suit premises in favour of the Court Receiver.
5. Mr. Misra, the learned Counsel appearing for the
Applicant/Plaintiff has pressed for appointment of the Court Receiver
to take physical possession of the suit premises. Mr. Tamboly states
that by the ad-interim order dated 9th September, 2020 the Court
Receiver was only directed to take symbolic possession. The Interim
Application would accordingly require to be heard.
6. The Interim Application (L) No.2926 of 2020 shall be placed
on 2nd March, 2023 for hearing.
7. The Court Receiver's Report No.131 of 2021 in compliance of
the order dated 9th September, 2020 and 13th September, 2020 is
accordingly disposed of.
[R.I. CHAGLA J.]
