Mrs. Hira Manji Boricha D/O. Kankubai Karson Solanki v. M/S Pilot Construction Company Private Limited

Pradnya Bhogale 1 915 caa 1025-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1025 OF 2019 IN APPEAL FROM ORDER NO.831 OF 2019 Hira Manji Boricha D/o Kankubai Karson Solanki and Ors.

... Applicants

IN THE MATTER BETWEEN

M/s. Pilot Construction Company Pvt. Ltd.

... Appellant Vs.

Hira Manji Boricha D/o Kankubai Karson Solanki and Ors.

... Respondents .....

Mr. Balasaheb R. Deshmukh for the Applicants. Mr. Mayur Khandeparkar, Akash Lodha I/b. M/s. Wadia Ghandy & Co. for the original Appellant/Respondent in C.A. .....

CORAM

: M. S. KARNIK, J.

DATE : 30th AUGUST, 2019.

P. C.:

1.

Heard learned counsel for the applicants.

2.

This is an application for modifying the order dated 23.7.2019 passed by this Court. Now the applicants wants respondent No.2 builder/developer to pay a sum of Rs.40,000/- to Rs.45,000/- per month as compensation or provide transit

Pradnya Bhogale 2 915 caa 1025-19.doc accommodation in the rehabilitation premises available. The order dated 23.7.2019 is very specific. Both the parties left it to this Court to fix the compensation payable and after taking into consideration all relevant factors, compensation of Rs.25,000/- per month was fixed. The matter was extensively heard on 23.7.2019. The Civil Application therefore is rejected. 3.

At this stage learned counsel for the applicants makes a request that some more time may be granted to vacate the premises on humanitarian ground. This request is opposed by the learned counsel for respondent. Purely on humanitarian grounds a further period of three weeks is granted to vacate the premises. It is made clear that no further extension will be granted . 4.

The Civil Application is disposed of with no order as to costs.

( M. S. KARNIK, J. )