Raaju Naraindas Amarnaani v. Prem Naraindas Amarnani And 3 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.43 OF 2019 IN NOTICE OF MOTION NO.1571 OF 2018 IN SUIT NO.871 OF 2018 Raaju Naraindas Amarnaani ..Plaintiff Vs.

Prem Naraindas Amarnani & Ors ..Defendants Mr. Mukul Taly a/w Mr. Aziz Shaikh I/b S. Mahomedbhai and Co. for Petitioner Mr. Zubin Behramkamdin a/w Mr. Vyom Shah, Mr. Jimish Shah, Mr. Anagh Pradhan and Ms. Priyanka Shah I/b Divya Shah Associates for Respondents CORAM : K.R.SHRIRAM, J.

DATE : 21st JUNE 2019 P.C.:

This is a dispute between six brothers. When the court suggested that as it is a family dispute they should amicably resolve the disputes and live together happily, Mr. Taly and Mr. Behramkamdin were in agreement with the court. Pursuant to the consent terms dated 31-10-2018, which was also taken on record on the same day, M/s Shetgiri and Associates were appointed as Architect to over see the continuation and completion of construction of the building Narayan Dhan. Mr.Taly states that he was compelled to move this court by this petition because there was no progress in the construction for the last almost 10 months and petitioner had addressed communications to M/s Shetgiri and Associates, to which no reply was received. Copies of those communications are also part of this petition. Mr. Behramkamdin states

2/4 that his clients received an email today from M/s Shetgiri and Associates with an attachment which is an undated message addressed to Hon'ble Respected Lordship, in which M/s Shetigiri and Associates have listed the hiccups in the execution of the project. A copy of the printout given by Mr. Behramkamdin is taken on record and marked "X" for identification and for ease of reference the same is scanned and reproduced below:

3/4 Though, I wonder why M/s Shetgiri and Associates did not reply to petitioner but strangely chose to address the communication to respondents and attach thereto a message addressed to Hon'ble Respected Lordship, I am not commenting on the method adopted or the contents of the said letter.

On the suggestion made by the court, Mr. Taly and Mr. Behramkamdin, who between them are representing 5 out of 6 brothers, suggested that Mr. Rashmin Khandekar, an Advocate practising in this court, be appointed as mediator. Mr. Taly states that 6th brother Mr. Prakash Amarnani, who he is not represented, will also be persuaded by his client Mr. Raju Amarnani to consent for this mediation and to participate in the mediation. By participating in the medication, Mr. Prakash Amarnani would be deemed to have consented to this mediation and appointment of Mr. Rashmin Khandekar as mediator. Copy of this order, Mr. Taly states will be forwarded to Mr. Prakash Amarnani and his advocate. Scope of mediation is to see how the contents of consent terms are complied with by all parties including M/s Shetgiri and Associates in its letter and spirit. M/s Shetgiri and Associates shall also send their representatives to the mediator's office at the time and date fixed, so that the project can be completed at the earliest. Mr. Taly and Mr.

4/4 Behramkamdin state that their respective clients and, Mr. Taly is certain, Mr. Prakash Amarnani will also co-operate with the mediator and with M/s Shetgiri and Associates. Statement accepted as an undertaking to this court. The fees and administrative expenses of the mediator be divided by 6 and to be shared equally by the 6 brothers. As this will be an on going project, I am not giving a deadline for the mediator to submit a report. Mediator needs to give a report, only if he finds that the parties or any of the party is not co-operating and creating a hindrance, in which case he may submit a failure report.

Mr. Taly seeks leave to withdraw the petition with liberty to approach this court with appropriate proceedings including contempt proceedings, should the need arise.

Contempt petition accordingly disposed with liberty as prayed for. I must clarify I have not considered the merits of the petition. (K.R. SHRIRAM, J.)