Bombay High CourtMCA/159/2025disposed of

Jitesh Jivaji Kamta v. Venkatesh Prabhu Moni

2025-06-27Hon'Ble Shri Justice Valmiki Menezes3 pages

Meena

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.159 OF 2025 IN WRIT PETITION NO.357 OF 2024 JITESH JIVAJI KAMTA ... APPLICANT

Versus

VENKATESH PRABHU MONI ... RESPONDENT Mr. A.F. Diniz, Senior Advocate with Mr. Neelesh Takkekar and Ms. Tanvi Naik, Advocates for the Applicant.

Mr. T. Rebello, Advocate for the Respondent.

CORAM:- VALMIKI MENEZES, J.

DATED :- 27th June, 2025 P.C.:

1. Registry to waive the office objections and register the matter.

2. This is an application on the behest of the Applicant/Original Respondent No.26 in Writ Petition No.357 of 2024 seeking appointment of Dr. K.G. Gupta, retired Professor of Goa Engineering College as an expert to oversee the implementation of remedial measures as suggested by team of Goa Engineering College (GEC) in terms of his report dated 20.08.2024. The learned Counsel for the Respondent/Original Petitioner, on instructions, submits that the Original Petitioner has no objection to the appointment of Dr. K. G. Gupta as an expert to oversee the implementation of the said remedial

measures.

3. Accordingly, Dr. K.G. Gupta, having his office at 224, behind Satyanarayana Temple, Dhavali, Ponda, Goa is appointed as an expert to oversee the implementation of remedial measures.

4. The Applicant/Respondent No.26 undertakes to submit a copy of the Engineering RCC drawings prepared by Engineer Mr. Auxilio J.S. Rodrigues (at the time of construction of the building structure) and hand over the same to the consultant /expert to enable him to carry out and oversee the implementation of the remedial measures. These would be handed over to Dr. K.G. Gupta by 01.07.2025.

5. The fees of Dr. K.G. Gupta for overseeing the aforementioned measures shall be borne by the Petitioner, considering that the deficiencies in the construction are to be now remedied. The fees shall be paid to Dr. K.G. Gupta, by the Petitioner within a week of raising his memo/invoice for the service provided by him.

6. As it is now expected that since an expert/consultant has been appointed by this Court to oversee the implementation of the remedial measures, these measures would be implemented and completed within the time frame suggested by the expert Dr. K.G. Gupta

7. The Application stands disposed of.

8. An authenticated copy of this order shall be communicated to Dr. K.G. Gupta.

VALMIKI MENEZES, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 30/06/2025 17:25:42