Pure Value Infra Venture Pvt. Ltd., Thr. C.A. Rakesh Kothari v. Municipal Cororation Of Greater Mumbai, And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION AND IN ITS CONTEMPT JURISDICTION CONTEMPT PETITION NO. 532 OF 2019 IN WRIT PETITION NO.1426 OF 2015 Pure Value Infra Venture Pvt.Ltd.

...Petitioner

Vs.

Municipal Corporation of Gr.Mumbai & Ors.

....Contemnors with Interim Application No.3307 of 2020 and Interim Application No.3196 of 2020 and Interim Application No.3478 of 2019 --- Ms.Gandhar Raikar with Ms.Gaurangi Patil and Ms.Uma Chatterjee i/b. GP & Associates, for the Petitioner.

Mr.Joquim Reis, Senior Advocate with Mr.Dhananjay Deshmukh, Mr.Vinod Mahadik, Mr.Santosh Parad i/b. Aruna Savla, for the Respondent - MCGM.

CORAM

:

SUNIL P. DESHMUKH & G. S. KULKARNI, JJ.

DATE :

23 MARCH 2021 --- P. C.

1.

This contempt petition is filed alleging contempt of the order dated 8th December 2017 passed by a co-ordinate bench of this Court in Writ Petition No.1426 of 2015 and Writ Petition No.216 of 2017 wherein it was observed thus:-

"

Hence, we dispose of the writ petitions with the consent of the learned counsel for the parties on the following terms:- (i) The TAC would prepare a fresh report after carrying out the visual inspection and the specific tests that are required to be carried out as per the directions in the judgment in Writ Petition (L) No.1135 of 2014 within four months.

(ii) The expenses for carrying out the specific tests as per the judgment in Writ Petition (L) No.1135 of 2014 would be borne equally by the landlord on one part and the tenants on the other.

(iii) The tenants and the occupiers of the building may reside in the same at their risk and costs.

(iv) No order as to costs."

2.

In the contempt petition, interim applications are taken out by the Corporation seeking directions putting restraint on the existing tenants/occupiers of the building from obstructing the applicants/ Corporation in taking action according to the order including structural audit of the building and executing the order passed by this Court. The applications refer to various circumstances under which they could not comply with the order passed by this Court. As such, compliance could not take place as stipulated in the said order. These aspects have not been disputed.

3.

The respondent/Corporation may seek assistance of the concerned police station (Vakola, Santacruz) for taking action pursuant to order of this Court dated 8th December 2017 including to carry out

inspection and structural audit of the suit building with necessary tests. We expect police to take steps to assist the Corporation in executing the order of this Court. We also expect that necessary action in respect of the order dated 8th December 2017 would be taken within a period of four weeks from the date of this order.

4.

In view of aforesaid, the contempt petition would not be sustainable. The contempt petition stands disposed of. All pending applications as well stand disposed of.

( G. S. KULKARNI, J. ) ( SUNIL P. DESHMUKH, J. ) Digitally signed by Prajakta S.

Vartak Date:

2021.03.23 18:36:31 +0530 Prajakta S.

Vartak