Shabbir Kasamji Kanchwala v. M S G F Reality Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.39 OF 2024 IN CONTEMPT PETITION NO.155 OF 2019 IN COMMERCIAL SUIT NO.1100 OF 2018 SHABBIR KASAMJI KANCHWALA )...PETITIONER V/s.

G.F. REALTY PRIVATE LIMITED AND ANR )...RESPONDENTS Mr.Rushabh Sheth a/w Mr.Pratik Amin, Mr.Pratik Poojary i/b Pratik Amin Associates Advocates for the Petitioner. Mr.Yatin Shah i/by AN.Khatri, Advocate for the Respondents. Mr.Fakhruddin Kanchwaka-Power of Attorney Holder of Mr.Shabbir Kanchwala- present in person.

Mr.Sayeed R. Sheikh, Director - Respondent no.2, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

15th JANUARY 2025 P.C. :

1.

At the outset, Mr.Rushabh Sheth, learned Counsel, appears for the Contempt Petitioner and submits that the earlier Contempt Petition Digitally signed by ARTI VILAS KHATATE Date:

2025.01.16 19:49:11 +0530 ARTI VILAS KHATATE No.155 of 2019 is wrongly on board as the same has been disposed in terms of the Consent Terms dated 4th November 2020. Accordingly, remove from board.

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2.

Mr.Sheth submits that since the possession of the commercial premises being 401 and 1001 is yet to be given, this Contempt Petition has been taken out as there is a breach of the Consent Terms and undertakings given earlier.

3.

Mr.Sheth, however, fairly submits that the monetary compensation with respect to the transit accommodation and for delay in handing over possession is being paid to the Contempt Petitioner, as agreed, and that this Court may also consider recording a statement that the same would be continued to be paid till the obtention of the Occupation Certificate.

4.

Mr.Yatin Shah, learned Counsel, appears for the Respondents and submits that a reply to the Contempt Petition has been filed and tenders across the bar affidavit in reply dated 12th December 2024 on behalf of the Respondents. Mr.Shah draws the attention of this Court to paragraph 10 of the said reply and submits that mainly due to the issues pertaining to electricity connection from Adani, removal of two trees by the Municipal Corporation of Greater Mumbai and outstanding assessment bills relating to property tax, that there has been a delay in applying for the Occupation Certificate. Mr.Shah also avk 2/4

submits that after all the compliances with respect to these aspects, the Respondents would be in a position to apply for the Occupation Certificate earliest by 31st March 2025, and that, thereafter the issuance of Occupation Certificate which vests with the Municipal Corporation of Greater Mumbai may take another forty-five to sixty working days for scrutiny of the application. Mr.Shah, however, submits that soft possession / fit out possession of the two commercial premises can be given in some time, depending on the convenience of the Petitioner. It is also pointed out that Mr.Sayeed R. Sheikh, Respondent no.2 - Director of Respondent no.1, is present in Court. 5.

Mr.Sheth submits that if the soft possession / fit out possession of the said two commercial premises can be given within a period of two weeks and with the statements made in paragraph 10 of the reply with respect to the Occupation Certificate, this Court may dispose of the Contempt Petition.

6.

Mr.Shah, on instructions of the Respondent no.2 - Director of Respondent no.1, who is present in Court, submits that his clients, the Respondents, would be in a position to give soft / fit out possession of the said two commercial premises viz. 401 and 1001 within a period of avk 3/4

two weeks and the compensation with respect to transit rent and delay in handing over possession would be paid until the Occupation Certificate is obtained from the MCGM and that the Respondent no.2 - Director present in Court also undertakes that he would endeavour to make the application for Occupation Certificate by 31st March 2025. The statements are accepted as undertakings to this Court. 7.

In view of the above, the Contempt Petition stands disposed. (ABHAY AHUJA, J.) avk 4/4