1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.1580 OF 2009 IN SUIT NO.5757 OF 1998 Hemlata K. Gala & Anr. ...Plaintiffs. Versus Chunnilal P. Satra & Ors. ...Dedfendants. ....... Mr.Sanjay Jain with Mr.Harakhchand Gada and Mrs.Yogini D.Gada i/b. Harakhchand & Co. for the Plaintiffs. Ms.Gauri Godse with Mr.S.R. Ganoo and Mr.A. Puranik i/b. Puranik & Co. for the Defendants. ...... CORAM : DR. D.Y. CHANDRACHUD, J. July 9, 2009. P.C.: The Notice of Motion has been filed essentially in order to ensure due implementation of an order dated 1st August 2001 that was passed by consent of parties. By the order of the Court, the Court Receiver was appointed as Receiver of the unconstructed third and fourth floors of the property with a power to appoint the Plaintiffs as agents and to construct the third and fourth floors at the cost of the Plaintiffs. Permission was granted to the Plaintiffs to occupy the same 2 as agents of the Receiver without security and loyalty. The Plaintiffs were to carry out construction under the supervision of their Architect. The Consent Terms also provided that the Plaintiffs and the Defendants shall demolish the temporary structures in their possession and remove their articles lying therein. It is not necessary to burden the order with a detailed reference to the Consent Terms save and except to observe that the Consent Terms bind all the parties and continue to hold the field. Difficulties have arisen in the implementation of the Consent Terms. On 3rd December 2003, a further order was passed by this Court by consent of parties, again with a view to ensure that the work of construction is completed without impediment. That object has still not been realised. It would be necessary to clarify that both the orders dated 1st August 2001 and 3rd December 2003 shall be regarded and treated as being in force in effect and save and except for the modification which is issued hereinafter with the consent of the parties, parties shall continue to abide by the previous directions. 3 After considerable amount of debate between the Learned Counsel, it has been agreed that the following order may be passed by the Court by consent, with a view to facilitate the fulfillment of the Consent Terms dated 1st August 2001: -(i) Shri N.N. Shrikhande is appointed for the purpose of over all supervision of and control over the work that is to be carried out of the construction on the third and fourth floors, in accordance with the Consent Terms dated 1st August 2001; -(ii) The costs, charges and expenses payable to Shri N.N.Shrikhande shall be borne by the Plaintiffs; -(iii) Shri N. N. Shrikhande is requested to ensure that the work of construction is carried out in accordance with the sanctioned plan and to ensure compliance therewith; -(iv) On behalf of the Defendants, it has been stated that (a) The 4 brick wall touching Shop No.7 shall be removed together with the door in any event within a period of eight weeks from today; (b) A duplicate key to the grill on the staircase shall be handed over to the Plaintiffs within one week from today; (c ) The articles on the terrace shall be removed immediately upon the receipt of the commencement certificate; and (d) The monsoon sheds which have been placed on the site with the permission received from the Municipal Corporation, shall be removed by 1st November 2009; -(v) Shri N.N. Shrikhande would be at liberty to issue suitable directions to the parties to ensure that the construction work is carried out strictly in accordance with the sanctioned plan. All necessary directions may be issued to the parties in order to facilitate the work of construction, including in regard to ingress and egress to the site and keeping the compulsory open space free of obstruction. The parties would be at liberty to place their problems before the Architect for expeditious solution; 5 -(v) The Plaintiffs have assured the Court that the construction shall be completed within a period of eighteen months of the receipt of the commencement certificate or within such lesser period as may be allowed by the Municipal Corporation; -(vi) The Court Receiver, it is clarified, shall ensure all necessary assistance to Shri Shrikhande in order to enable Shri Shrikhande to complete the task and to abide by these terms. The Motiio9n is disposed of by consent in these terms. .....