Sri. Sai Industrial Premises Co.Op. Society Ltd,Mumbai Thr. Its Hon. Secretary, Mr. Rama V.Naik v. Rajesh Construction (Bombay)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2346 OF 2022 IN FIRST APPEAL NO.149 OF 2013 Sri Sai Industrial Premises Co.op.
Society Ltd., Mumbai ...Applicant In the matter between Rajesh Construction (Bombay) ...Appellant
Versus
Bharat Chemicals Work and Ors.
...Respondents
WITH INTERIM APPLICATION NO.2390 OF 2022 IN FIRST APPEAL NO.149 OF 2013 Balaji Industrial Premises Co-op. Soc.
Ltd.
...Applicant In the matter between Rajesh Construction (Bombay) ...Appellant
Versus
Bharat Chemicals Work and Ors.
...Respondents
WITH INTERIM APPLICATION NO.2379 OF 2022 IN FIRST APPEAL NO.149 OF 2013 Siddhivinayak Co-op. Industrial premises Ltd.
...Applicant In the matter between Rajesh Construction (Bombay) ...Appellant
Versus
Bharat Chemicals Work and Ors.
...Respondent
1/3
WITH INTERIM APPLICATION NO.2380 OF 2022 IN FIRST APPEAL NO.149 OF 2013 Shree Mahalaxmi Industrial Premises Co-op.
...Applicant In the matter between Rajesh Construction (Bombay) ...Appellant
Versus
Bharat Chemicals Work and Ors.
...Respondents
...
Mr. Amit Mehta for the Appellant in FA/149 &150/2013. Mr. Bhavik Manek with Mr. Mahesh Menon and Mr. Pranav Chavan for the Applicants.
Mr. Rahul Soman with Mr. Ankur Kalal for Respondent Nos.2 and 3. Mr. Jamsheed Master with Mr. Dedan Fernandez i/b. Mr. Purzat Fouzdar for Respondent No.1.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 29th JUNE, 2022.
P. C. :- 1.
The Applicants, by these applications, have sought to permit them to carry out repair work in respect of internal access road shown in fluorescent colour in plan at Exhibit-G. 2.
Learned counsel for the Applicants states that at this stage he is pressing for the said relief only in respect of portion of the internal access, which is passing through the property of Respondent 2/3
No.1 and not through the property of Respondent No.2. 3.
Learned counsel for Respondent No.1 states that without prejudice to the rights and contention, Respondent No.1 shall repair the said access passing through their property, within a period of six weeks at their own cost. Learned counsel for the Appellants also consents for the said interim arrangement.
4.
Learned counsel for the Applicants states that Applicants will not claim equity in view of concession given by Respondent No.1. 5.
In view of the statements made by learned counsel for the Applicants and Respondent No.1, applications stand disposed of leaving open all other rights and contentions of the respective parties. (SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:
2022.07.01 17:29:52 +0530 MEGHA S PARAB 3/3