Bharati Pradeep Kamdar./Shreeprakash Vishnu Nagarkar/ Applicant v. M/S. V.S. Engg. Co. And ORS.

31. NMISL 11862-21.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (INSOLVENCY) (L) NO. 11862 OF 2021 IN INSOLVENCY PETITION NO. 9 OF 1989 SHREEPRAKASH VISHNU NAGARKAR ..APPLICANT

IN THE MATTER BETWEEN

BHARTI PRADEEP KAMDAR ..PETITIONING CREDITOR VS.

M/S. V.S. ENGINEERS & ORS.

..INSOLVENTS AND MEERA SUBHASH NAGARKAR & ANR.

..RESPONDENTS --------------------- Ms. Kavisha Shah a/w. Mr. Anupam Dighe i/b. India Law Alliance for applicant.

Mr. H.N. Vakil a/w. Mr. Ankush Saraf i/b. M/s. Mulla & Mulla and Craigie Blunt & Caroe Advocates appearing on behalf of M/s. Meera Nagarkar - respondent No.1.

Mr. K.K. Trivedi, Ofcial Assignee with Mr. S. Patil, Asstt. O.A. present.

Mrs. K. Amberkar i/c. Insolvency Registrar present. --------------------- CORAM : M.S.KARNIK, J.

DATE : MAY 25, 2021 (VIA V.C.) P.C.:- Heard learned counsel for the parties and also heard the Ofcial Assignee.

2.

This Notice of Motion is taken in Insolvency Petition. The applicant Mr. Shreeprakash Vishnu Nagarkar claims to be 50% owner of the subject building. The building is occupied by the tenants as well. The present Notice of Motion is taken out for

31. NMISL 11862-21.doc permission to carry out necessary repairs to maintain the said property and the building standing thereon in good and habitable condition. My attention is invited to the quotation at page 45 and the description of the nature of the repair work to be carried out by the contractor for the building to remain in safe and habitable condition.

3.

Learned counsel for the applicant submits that the applicant as well as the tenants occupying the building are willing to bear the cost of repairs.

4.

Learned counsel for the respondent No.1 who is also one of the tenant in respect of the said building submits that the respondent No.1 has agreed to share the cost of repairs as indicated by learned counsel for the applicant along with other tenants.

5.

It is clarifed that the entire cost of repairs is to be borne by the applicant and respondent No.1 and also the tenants who according to the applicant have agreed to bear the cost. After the repairs are carried out, a report be submitted to the Ofcial Assignee - respondent No.2 in that respect.

6.

Notice of Motion is allowed in terms of prayer Clause (a) subject to above terms. No order as to costs. (M.S.KARNIK, J.)