Judge considered two reports advising demolition. The plaintiffs had not produced the structural audit report. Though it has been strenuously argued by Mr. Bhole that the Court must consider and evaluate reports produced by both the parties and has contended that the appellant would now produce the report of his structural auditor which must be evaluated by the Court vis a vis the report produced by the developer, in this case before the Learned Judge of the Bombay City Civil Court there were no contrary reports, which were required to be considered. The learned Judge would have been bound by the subjective satisfaction of the competent authorities who are experts and engineers who made the report as per the judgment in the case of Girish Mulchand Mehta Vs. Mahesh S. Mehta in Appeal No. 338 of 2009 in Arbitration Petition Lodg. No.493 of 2009 dated 10th December, 2009 (Coram: Swtanter Kumar, C.J. & A.M. Khanwilkar, J) . In fact, the appellants have conceded that the building needs repairs. Mr. Tulzapurkar would argue that the building was also previously repaired and cannot be repaired again and again.
