Disposed

M K Chanrai and 6 Ors. v. Roma Builders Pvt. Ltd.

Bombay HC20 Aug 2014CRR/78/2014

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of Court Receiver's Report No.78 of 2014 arising under an arbitration petition. The Court directed the Receiver to provide photostat copies of files received from Thane Municipal Corporation to the appointed Architect to file an additional report.

What did the court decide?

Court Receiver directed to provide files to Architect; Petitioner to pay costs of Rs.3,000.

M K Chanrai and 6 Ors. Vs Roma Builders Pvt… — Contract and Commercial Disputes | Bombay HC (2014)

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crr 78 of 2014 (904).sxw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.78 OF 2014 IN

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ARBITRATION PETITION (L) NO.624 OF 2013

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M.K.Chanrai and Ors. … Petitioners versus

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Roma Builders Pvt. Ltd. … Respondent

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Mr. Pesi Modi, Senior Advocate with Ms. Sneha Phene, Mr. Chetan Shah, Mr. Jayendra Kapadia, Mr. Fozan Lakdawalla, Mr. Tapan, Mr. Munish i/by M/s. Little and Co., for Petitioners.

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Mr. Suneel D. Mogre, for Defendant.

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Mr. K.K.Trivedi, 1^st Asstt. to Court Receiver, present.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 20^th AUGUST, 2014

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P.C.:

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The above Arbitration Petition is filed by the Petitioners under Section

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9 of the Arbitration and Conciliation Act, 1996. This Court (Coram : R.D.Dhanuka, J.) by its order dated 18-06-2013 interalia passed the following

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order :

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“11. Court Receiver, High Court, Bombay is appointed as a Receiver of the land and building described in Ex.B to the petition with a direction to take physical possession thereof and to ascertain whether any commencement certificate has been granted in respect of the suit building beyond two floors and whether any application for commencement certificate has been submitted by the respondents and if so, the status thereof.

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Till Court Receiver takes possession of the suit land and

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crr 78 of 2014 (904).sxw

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building, there shall be ad-interim injunction in terms of prayer (a).

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Respondents are at liberty to file additional affidavit if any within two weeks from today. Matter to be listed on board for final hearing on 24th July, 2013.

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It is made clear that the Court Receiver would be free to appoint an architect for the purposes of carrying out the directions issued aforesaid. All charges in that behalf would be at the first instance borne by the petitioners”.

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Pursuant thereto, the Court Receiver, High Court, Bombay, appointed Mr. Kishor Parkar as Architect and also authorized him to visit the office of the Thane Municipal Corporation to inspect the relevant records and to submit his report in compliance with the aforesaid order passed by this Court. The Architect accordingly submitted his Report dated 04-10-2013. Certain disputes arose on the said report, including the dispute that the said report was submitted by the Architect without taking inspection of all the files available with the Thane Municipal Corporation pertaining to the Suit property. In view thereof, by an order dated 09-07-2014, this Court (Coram : R.D.Dhanuka, J.) interalia directed the Thane Municipal Corporation to depute a senior Officer along with the original files of the suit property. The said direction was complied with by the Thane Municipal Corporation and the Court Receiver after taking photostat copies of all the files/documents produced by the Thane Municipal Corporation, has handed over copies of the

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crr 78 of 2014 (904).sxw

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same to the Advocates for the parties. In the above circumstances, the learned Advocate for the Petitioners states that the said papers be now provided to the Architect Mr. Kishor Parkar and the Court Receiver, High Court, Bombay, be asked to comply with the directions contained in the order dated 18-06-2013. In the aforesaid circumstances, the following order is passed :

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(i) The Court Receiver, High Court, Bombay shall handover a set of photostat copies of files received from the Thane Municipal Corporation to the Architect Mr. Kishor Parkar and the said Architect after perusing the said papers shall file his additional report, if any.

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(ii) Upon any additional report being filed by the Architect, the Court Receiver shall provide copies of the same to the Advocates for the parties and place the same before this Court along with a fresh Report seeking appropriate directions in the matter. In view thereof, Report No.78 of 2014 stands disposed of. The Petitioner shall pay costs of this Report quantified at Rs.3,000/-.

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( S.J.KATHAWALLA, J. )

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M K Chanrai and 6 Ors. v. Roma Builders Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M K Chanrai and 6 Ors. v. Roma Builders Pvt. Ltd.

Case brief

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What did the court decide?

What the court decided

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