1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.243 OF 2009 IN SUIT NO. 921 OF 2005 Sardar Griha Co-op. Hsg. Soc. Ltd. ... Plaintiffs. V/s. Roopam Fashion Pvt. Ltd. Co. & Ors. ... Defendants. Mr. Harinder Toor i/b. S.K. Legal the Plaintiffs. Mr. Vimadalal for Defendants 1 to 4. Mr. G.W. Mattos, AGP for the Repair Board. Mr. R.Y. Sirsikar for M.C.G.M./Defendant No.6. Mr. G.G. Ketkar, 1st Asstt. to Court Receiver. CORAM : S.C. DHARMADHIKARI,J. DATED : 17th DECEMBER 2009. P.C. :- This report was before the Court yesterday. The report is in a Suit which is assigned to Hon’ble Mr. Justice R.V. More. However, since that Court is presently unavailable, the matter was mentioned before me for urgent order on this report. 2. It has been emphasized by both sides that a building known as Sardar Griha Co-op. Housing Society Ltd., L.T. Marg, Mumbai – 400 002 (Suit building) requires repairs. Both sides referred to the order dated 25th June 2008 passed in the Suit. 3. The order dated 25th June 2008 has been perused by me with the assistance of both sides including the learned A.G.P., 2 Mr. Mattos appearing for the Repair Board. The matter was placed today in order to secure the presence of the Bombay Municipal Corporation. 4. After all parties are heard, it is agreed that the Repair Board shall undertake repairs to this building as expeditiously as possible and in any event commence the works in that behalf by 31st January 2010. All parties have agreed to co- operate with the Repair Board, the Bombay Municipal Corporation and the Agency nominated by the Repair Board for carrying out necessary repairs to this building. However, by their consent and at the first instance it is agreed that a site inspection will be undertaken on 28th December 2009. The concerned Chief Engineer, MHADA alongwith the Executive Engineers and support staff of the Repair Board, the Chief Engineer of the M.C.G.M., one representative of the Plaintiff and one representative of Defendant Nos. 2 to 4 shall remain present at the site inspection. At this site inspection, an identification of the areas and portion where major repair works have to be undertaken will be done. After the identification is done, the site plan will be drawn in the presence of all parties. The copies of the site plan will be provided to both the Plaintiffs and their Advocates so also the Defendants and their Advocates. The site plan shall also be made available to the Court Receiver, who is appointed as a Receiver in this Suit. The Receiver to also to depute his representative, who shall remain present at the site inspection. After the site plan is drawn, copies are made 3 available, the Repair Board can commence the procedural and other matters so as to ensure that the repair works at site begins on 31st January 2010. The Repair Board to complete the repair work within a period of one year from 31st January 2010. The expenses, charges and payments for the repair work will be done in the first instance by the Repair Board, who shall be at liberty to claim reimbursement of the same from the funds which are available with the Court Receiver. The Court Receiver shall also maintain complete accounts of the expenses of repairs in a phased manner. The Repair Board shall provide necessary details to the Court Receiver. 5. Both sides have agreed that any shortfall in the repair cess will be made good by them in terms of the order dated 25th June 2008. 6. The aforementioned statements of both sides are recorded as an undertaking to this Court. 7. At the request of Mr. Mattos, it is clarified that the Structural Engineer of the Repair Board Mr. Shintre shall also be present at the site inspection. However, it is directed that the Chief Engineer, MHADA would be held personally responsible for the repair works and he must ensure that the same commence and are completed as per the site plan and schedule prescribed in this order. Any suggestions of both the Plaintiffs and the Defendants during the course of the repairs shall be forwarded to the Court Receiver and none else. The 4 parties should not in any manner obstruct the works or forward complaints or suggestions directly to the Chief Engineer of the MHADA, Chief Engineer of M.C.G.M., the Structural Engineer or the Repair Agency carrying out the work at site. Any suggestion or complaint forwarded directly will not be accepted. All suggestions must be routed through the Court Receiver. These Agencies shall, together with the Court Receiver co-ordinate in the work of repairs and ensure compliance with this order. Similarly, the repairs be done in accordance with the site plan and that both Chief Engineers shall ensure that they so proceed. They will ensure the quality of work bearing in mind that the structure has Historical Importance. The clearance of Heritage Committee be obtained by them, if necessary. 8. The Court Receiver will make payment after the bills and necessary documents are received by him. Any demands raised till date on the parties may be forwarded to the Court Receiver by the Repair Board/M.C.G.M. (S.C. DHARMADHIKARI,J.)