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Bombay High CourtIA/14115/2023allowed

Godrej And Boyce Mfg Co Ltd v. Mr Sudhir Madhav Yadav

2024-01-05Hon'Ble Justice Sharmila U. Deshmukh2 pages

rsk 502-IA-14115-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14115 OF 2023 IN SECOND APPEAL NO.474 OF 2016 Godrej and Boyce Mfg. Co. Ltd.

...Applicants V/s.

Sudhir Madhav Yadav and Ors.

...Respondents.

Mr. Mandar Soman for the Applicants.

Mr. Kailas Dewal i/b Mr. Yash Dewal a/w. Mr. Sham Thakur for the Respondents.

CORAM : SHARMILA U. DESHMUKH, J.

DATE :

5th JANUARY, 2024.

P. C.:- 1.

Interim Application has been preferred seeking permission to carry out repairs in the suit premises. Upon a query by this Court as to the exact nature of proposed repairs to be carried out, a compilation containing the photographs and the description of the repairs has been tendered by learned counsel for the applicant. Same is taken on record. 2.

Perusal of the documents would indicate that applicant seeks to repair the shutter which has fallen down and to repair rest of the shutters which are in bad shape. In addition, applicant wants to carry out painting work in the shop and remove the fungus by painting walls in the pantry area by RAJESHWARI SUBODH KARVE Date:

2024.01.06 12:31:37 +0530 RAJESHWARI SUBODH KARVE 1/2

rsk 502-IA-14115-23.doc and the washroom. The applicant seeks to change the old pipes, bathroom fittings and tiles of the washroom, as also to install washbasin and flush tank and paint the specific areas as well as change the fittings which have been marked in the photographs contained in the compilation. 3.

Mr. Dewal, learned counsel appearing for the respondent has no objection for this specific repairs being carried out subject to the caveat that there should be no structural repairs or alterations. 4.

Mr. Soman, learned counsel appearing for the applicant makes a statement that no structural additions or alterations will be carried out. Statement is accepted as undertaking to this Court. 5.

In light of above, Interim Application is allowed to the extent of repairs which are indicated above. Interim Application stands allowed. (SHARMILA U. DESHMUKH, J.) 2/2