Dismissed

Digitech Electornic Systems Pvt. Ltd. and Ors. v. Shreeji Chambers Premises Co-Op Soc. Ltd. and Anr.

Bombay HC7 Feb 2024WP/4494/2023

Case brief

AI extract

What is this about?

On consent, the High Court modified an existing workable arrangement between parties pending the main dispute operation hours and lift allocation. The court clarified movement timings and restricted access to one lift while permitting goods withdrawal during restricted hours via manual labor.

What did the court decide?

Petition dismissed on consent; order modified to delay operations until 7:30 P.M. and permit one specific lift; goods withdrawal allowed only via manual labor.

Digitech Electornic Systems Pvt. Ltd. and Ors. Vs Shreeji… — Landlord and Tenant | Bombay HC (2024)

2024:BHC-AS:7675

6.4494.23 wp.docx

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4494 OF 2023

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Digitech Electronic Systems Pvt. Ltd. and Ors

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.....Petitioners

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Vs.

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Shreeji Chambers Premises Co-Op. .....Respondents Soc. Ltd. And Anr

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Mr. Vineet Naik i/b Mr. Harish R. Pawar for the Petitioners Mr. Vikramjit Garewal a/w Mr. Ativ Patel, Mr. Harshad Vyas a/w Viloma Shah i/b AVP Partners for Respondent No. 1 Smt. K. P. Thakur, AGP for Respondent No. 2

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CORAM : GAURI GODSE, J. DATE : 7^th FEBRUARY 2024.

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P.C.

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After arguing the petition for sometime, parties agree that a workable order can be passed in the petition which will be operational during the pendency of the main dispute. Parties agree that the workable arrangement which was agreed and recorded in order dated

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24^th June 2022 passed in Writ Petition No. 1341 of 2022 and clarified

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in the order dated 4^th July 2022 can be continued during the pendency

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of the dispute with certain modifications.

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Workable arrangement as recorded in the order dated 24^th June 2022 and clarified in the order dated 4^th July 2022 reads as under:

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Order dated 24^th June 2022:

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“Respondents to the Petition i.e. original Disputants shall not operate any goods/vehicles within the open/parking premises of the suit building between 9.00 A.M. to 7.00 P.M. and shall take all such precaution so as to avoid any inconvenience to other members of the Society in the matter of handling of the goods in which Respondent is dealing with” .

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Order dated 4^th July 2022:

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“1) Matter is listed for clarification of the order dated 24/06/2022.

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1. After having heard respective counsel, it is clarified that Respondent shall be entitled to store the goods by using goods transportation vehicle and man power in between 7.00 p.m. to 9.00 a.m. However, he is restrained from bringing the goods in the Suit premises in between 9.00 a.m. to 7.00

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p.m. However, it is clarified that it shall be open for him/or anybody claiming through him to withdraw the goods from the said premises during the aforesaid period i.e. 9.00 a.m. to 7.00 p.m.”

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Learned counsel appearing for Respondent No. 1-Society on instructions states that in the aforesaid arrangement, timing of 9.00 a.m. to 7.00 p.m. should be modified as 9.00 a.m. to 7.30 p.m. He further states that Society building has two lifts and hence, Petitioner be permitted to use only one lift that will be identified by the Society for the purpose of handling the goods and transportation of the goods. Learned senior counsel appearing for the Petitioner on instructions of the Director of the Petitioner who is present in the Court agrees for the aforesaid changes to be made in the earlier arrangement. Hence, by consent, following order is passed:

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O R D E R

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(I) During the pendency of the Dispute Application No. 124 of 2021, the Petitioner shall not operate any goods/vehicles within the open parking premises of the Suit building between 9.00 a.m. to 7.30 p.m. and shall take all

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6.4494.23 wp.docx

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such precaution so as to avoid any inconvenience to other members of the society in the matter of handling of the goods in which the Petitioner is dealing with.

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(II) The Petitioner agrees to use only one lift that will be identified by the Society for the purpose of handling and transportation of the goods. The lift that will be identified for such use will be intimated by the Society to the Petitioner in writing by tomorrow i.e. 8^th February 2024.

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(III) It is clarified that it shall be open for the Petitioner and/or anybody claiming through the Petitioner to withdraw the goods from the Society building/premises during the aforesaid restricted period i.e. from 9.00 a.m. to 7.30 a.m. provided the goods are handled only through a manual labour.

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4. Writ Petition is disposed of in above terms.

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[GAURI GODSE, J.]

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Signed by: Iresh S. Mashal Designation: PS To Honourable Judge Date: 16/02/2024 14:19:29

Digitech Electornic Systems Pvt. Ltd. and Ors. v. Shreeji Chambers Premises Co-Op Soc. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Digitech Electornic Systems Pvt. Ltd. and Ors. v. Shreeji Chambers Premises Co-Op Soc. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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