1 CHS1295-1298.08 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO. 1295 OF 2008 IN SUIT NO. 2489 OF 1983 Husseinbhai Tarabai Ebrahim Siamwala ... Plaintiffs v/s Mohd.Amin Haji Esmail & ors. ... Defendants And 1. The Court Receiver, High Court, Mumbai. 2. Mukesh P. Nathalal ... Ori. Tenant 3. Rekha Parvin Mane and Parvin Shamrao Mane ... Respondent (Present occupant) ALONG WITH CHAMBER SUMMONS NO. 1296 OF 2008 IN SUIT NO. 2489 OF 1983 Husseinbhai Tarabai Ebrahim Siamwala ... Plaintiffs v/s Mohd.Amin Haji Esmail & ors. ... Defendants And 1. The Court Receiver, High Court, Mumbai. 2. Bachoobhai Kanjil ... Ori. Tenant 2 CHS1295-1298.08 3. Hiraben Vithal Patel widow of Vithal Dudhabhai Patel ... Respondent (Present occupant) ALONG WITH CHAMBER SUMMONS NO. 1297 OF 2008 IN SUIT NO. 2489 OF 1983 Husseinbhai Tarabai Ebrahim Siamwala ... Plaintiffs v/s Mohd.Amin Haji Esmail & ors. ... Defendants And 1. The Court Receiver, High Court, Mumbai. 2. R. B. Patel ... Ori. Tenant 3. Mahendrakumar C. Mehta ... Respondent (Present occupant) ALONG WITH CHAMBER SUMMONS NO. 1298 OF 2008 IN SUIT NO. 2489 OF 1983 Husseinbhai Tarabai Ebrahim Siamwala ... Plaintiffs v/s Mohd.Amin Haji Esmail & ors. ... Defendants And 1. The Court Receiver, High Court, Mumbai. 2. Kishorlal Nathalal Pandya ... Ori. Tenant 3. Hansaben Ratilal Patel widow of Ratilal Somabhai Patel ... Respondent (Present occupant) 3 CHS1295-1298.08 Ms. T.A.Zaidy i/by Zaidy & Co. for the applicant. None present for the defendants. Mr.N.A.Bandodkar, 2nd Assistant to Court Receiver with Mr.K.D.Rane, Section Officer is present. CORAM: R.M.SAVANT, J. DATED: 7TH APRIL, 2011 P.C.: 1. In all the above chamber summonses, identical reliefs are sought, save and except that the amount mentioned in the prayer clause (a) of each of the above chamber summonses differs. Prayer clauses (a) and (b) of chamber summons No.1295 of 2008 is reproduced herein below:- (a) The Court Receiver be authorized and directed to accept the amount of Rs.54000/- being the arrears of rent from 1963 to December, 2007 offered by the respondent Nos.3 and 4 for the occupation of the aforesaid flat No.3 in terms of her declaration and indemnity dated 16th June, 2008 being Exh.”J” on the affidavit in support and to issue the receipt for the said amount in her favour and to accept and recover from the respondent No.3 the monthly rent at Rs. 325/- from 1st January, 2008 offered by her in terms of the said declaration and indemnity and to issue the rent receipt accordingly. (b) The Court Receiver be authorized and directed to issue the N.O.C. To the occupants of flat Nos.2, 3, 7 and 10 to carry out the repair to the suit property as per the Report of Neelam Arch dated the 2nd day of August 2008 of Exh.”A” annexed to the affidavit in 4 CHS1295-1298.08 support and subject to the bye-law and the rules of Mumbai Municipal Corporation. 2. The above chamber summonses have been filed by the original plaintiffs pursuant to the view expressed by the Court Receiver in the meeting held on 15.7.2008 wherein the plaintiffs were directed to take out appropriate proceedings for seeking directions from this Court. The reliefs sought by way of the above chamber summonses are in respect of flat Nos.2, 3, 7 and 10 of which the respective occupants are in arrears of payment of rent right from the year 1963 or thereabout. The building in question wherein the suit flats are situated is in possession of the Court Receiver. The Court Receiver continues in possession though the suit has been decreed by judgment and order dated 17.6.2010. 3. It appears that, considering the dilapidated nature of the structure, this Court (Coram: Vazifdar, J.) by order dated 17.1.2008 had directed the Court Receiver to appoint an Architect and obtain a report regarding the repairs that were necessary to be carried out in view of the fact that the structure in question was declared as dangerous by the M.C.G.M. Accordingly, after following the process, the report was obtained of the Architect one M/s.Neelam Arch who has opined that repairs in terms of the report would have to be 5 CHS1295-1298.08 carried out so as to ensure the stability of the structure. Thereafter an estimate was called for from the said architect of the expenditure that would have to be incurred for carrying out the said repairs. The architect accordingly by his report dated 2.8.2008 had estimated the cost of the said repairs to be Rs.15 lacs. Since the plaintiff is not in a position to carry out the said repairs and since sufficient funds are not available in the credit of the suit account, the plaintiff is seeking the relief in terms of the prayer clauses extracted hereinabove. 4. The occupants of flat Nos.2, 3, 7 and 10 have executed an indemnity in favour of the Court Receiver on 16.6.2008. Paragraphs 8 and 9 of the said indemnity read as under:- “(8) We say that in circumstances mentioned in para 7 above, the Court Receiver will be pleased to accept the said cheque of Rs.54,000/- and to regularize my occupation of the said flat by issuing the rent receipt in my name. (9) We hereby agree to undertake to indemnify the Court Receiver, High Court, Bombay and Receiver of the property Hansa Bhavan in the above suit against all 6 CHS1295-1298.08 the 3rd party claims and cost charges and expenses which he may incur in respect thereof on account of issuing the rent receipt in my favour in respect of the aforesaid premises and for regularization my occupation as the tenant of the said premises.” 5. As indicated above, the original plaintiff has been declared as the owner of the suit property and in view of the fact that in the meeting dated 15.7.2008 it was decided to adopt the above course of action of filing the chamber summons for seeking appropriate reliefs that the instant chamber summonses have been filed. 6. Shri Bandodkar, representative of the Court Receiver is personally present in Court. 7. In the light of the aforesaid conspectus of facts, the chamber summonses are required to be allowed and are accordingly allowed and made absolute in terms of prayer clauses (a) and (b). 8. The occupants to deposit the amount mentioned in the respective prayer clauses within a period of eight weeks from date. 7 CHS1295-1298.08 9. Insofar as the repairs contemplated by way of prayer clause (b) are concerned, it is made clear that no additions or alterations in the premises would be carried out but the repairs to the existing premises are only permitted. 10. It is also made clear that the occupants to deposit the rent in question from month to month till such time as the Court Receiver is discharged. (R.M.SAVANT, J.) 8 CHS1295-1298.08