Bombay High Court
Pinak Bharat And Co vs Anil Ramrao Naik on 29 March, 2023
Bench: R. I. Chagla
13-IA(L)-436.2023 and IA(L) 7335.2023 in COMEX 22.2016.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.436 OF 2023
AND
INTERIM APPLICATION (L) NO.7335 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO. 22 OF 2016
Pinak Bharat & Co. and Anr. ...Applicants/Orig.
Judgment Creditors
Versus
Anil Ramrao Naik & Ors. ...Respondents/Orig.
Judgment Debtors
----------
Mr. Prerak Sharma a/w Mr. Vaibhav Kulkarni a/w R. Mahadik and R.
Bhagat i/b Prerak Sharma for the Applicants/Judgment Creditors.
Ms. Kejali Matkar a/w Ms. Sheetal Metakari i/b Sunil Sonawane for
the Respondent Nos. 3 -BMC.
Mrs. Jyoti Chavan a/w Mr. Himanshu Takke, AGP for Respondent -
State.
Mrs. Jyoti Chavan for Tenants.
Mr. D.S. Choudhary, Deputy Sheriff is present.
P.G. Lad a/w Shreya Shah, Advocate for Respondent No.4 - MHADA.
Mr. Archit Jayakar a/w Jasmeet Kaur i/by Jayakar & Partners,
Advocates for the Applicants in IA(L) 7335/2023.
----------
CORAM : R.I. CHAGLA J.
DATE : 29TH MARCH, 2023.
ORDER :
1. The learned Advocate appearing for the Respondent No.3-
Municipal Corporation of Greater Mumbai ("MCGM") had by
13-IA(L)-436.2023 and IA(L) 7335.2023 in COMEX 22.2016.doc
praecipe dated 20th March, 2023 sought spearing to the minutes of
the order dated 23rd March, 2023. In the appearance, where it is
shown as "Ms. Dhruti Kapadia, with Ms. Sheetal Metkari i/b. Sunil
Sonawane for the Respondent Nos. 3 and 4-BMC", this shall read as
"Ms. Dhruti Kapadia, with Ms. Sheetal Metkari i/b. Sunil Sonawane
for the Respondent Nos. 3-BMC".
2. Further, in Paragraph 5 of the said order, where "Diary
No.414 of 2023" is mentioned, this shall read as "Diary No.415 of
2023". Further in Paragraph 5, in 9 th line, "Section 115(3) of the
MCGM Act, 1888" is mentioned, which shall read as "Section 150(3)
of the MMC Act, 1888".
3. In Paragraph 12 of the said order, where "Diary No.414
of 2023" is mentioned, this shall read as "Diary No.415 of 2023".
4. Accordingly, order dated 23rd March, 2023 stands
corrected.
5. Mr. Lad, learned Counsel appearing for the Respondent
No.4-MHADA, has brought to the notice of this Court that on 25 th
November, 2020, a notice had been issued to M/s Win Win
Associates with regard to submission of documents for processing
13-IA(L)-436.2023 and IA(L) 7335.2023 in COMEX 22.2016.doc
application for NOC for redevelopment of the subject property in
their name and for issuance of revised NOC as per DCPR 2034. He
has submitted that the NOC is still required to be processed and
accordingly in Paragraph 14 of the said order dated 23 rd March, 2023
modification is required, as there is a direction to the Respondent
No.4 to transfer NOC as well as development permission issued in
respect of the subject property to the Applicant. Mr. Lad has further
submitted that development permission is issued by the MCGM and
not by the Respondent No.4.
6. Having considered the submission of Mr. Lad and in view of
the said Notice dated 25th November, 2020 by which documents are
required to be submitted by M/s Win Win Associates for processing
the NOC for redevelopment of the subject property and issuance of
revised NOC as per DCPR 2034 in the name of M/s Win Win
Associates, Paragraph 14 of the said order is modified as follows:
"The Respondent No.4 shall transfer NOC subject to
compliance by M/s Win Win Associates of Notice dated 25 th
November, 2020 issued by MBRNR Board, Mumbai to M/s
Win Win Associates which is taken on record and marked
'X' for identification."
13-IA(L)-436.2023 and IA(L) 7335.2023 in COMEX 22.2016.doc
7. Accordingly, the said order dated 23rd March, 2023 is
modified to the aforementioned extent.
8. Mr. Sharma, learned Counsel appearing for the Applicants
submits that copy of the Notice dated 25 th November, 2020 issued by
the Respondent No.4 to M/s Win Win Associates has only now been
handed over by Mr. Lad, learned Counsel for Respondent No.4 to him
in Court.
9. Mrs. Chavan learned AGP for the Respondent/State has
sought extension of time to file Affidavit-in-Reply to the Interim
Application, which was to be filed by 28th March, 2023 vide order
dated 23rd March, 2023. Accordingly, further time of two weeks is
granted to the Respondent/State for filing Affidavit-in-Reply which
shall be filed by 12th April, 2023.
10. The Applicants are permitted to file Affidavit-in-Rejoinder
thereof within a period of one weeks thereafter.
11. The matter shall be placed on 21 st April, 2023, first on
board.
12. At this stage, Mr. Sharma on behalf of Applicant seeks leave
13-IA(L)-436.2023 and IA(L) 7335.2023 in COMEX 22.2016.doc
to file Affidavit-in-Reply to the Interim Application No.7335 of 2023
which has been filed by the Intervener.
13. Leave is granted.
14. Affidavit-in-Reply shall be filed in the Registry by the
Applicants on or before 3rd April, 2023.
15. The Interim Application (L) No.25802 of 2022 and Interim
Application (L) No.7335 of 2023 shall be listed alongwith the above
matter on the next date.
[R.I. CHAGLA J.]
