Goola Mansion Co-Operative Housing Society Limited v. Nitin Madhukar Narvekar

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

SUIT NO. 26 OF 2026 WITH INTERIM APPLICATION (L) NO. 1903 OF 2026 Goola Mansion Co-operative Housing Society Ltd & Anr.

.. Plaintiffs

Versus

Dr. Nitin Madhukar Narvekar & Ors.

.. Defendants ....................

 Mr. Kevin Pereira i/by Mr. Viraj Jadhav, Advocates for Plaintiffs  Mr. Prateek Pansare a/w Ms. Divya Tyagi & Mr. Akshay Arora, Advocates for Defendant No. 1 ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 2, 2026 P. C.

:

1.

Heard Mr. Pereira, learned Advocate for Plaintiffs and Mr. Pansare, learned Advocate for Defendant No. 1. 2.

At the outset, Mr. Pereira persuades the Court to permit the Plaintiffs to amend the Suit plaint to implead Municipal Corporation of Greater Mumbai and Chief Fire Officer (CFO) as Defendant Nos. 5 and 6 in the present Suit. Amendment to that effect is permitted to be carried out forthwith in presence of the Court. Amendment is also permitted to be carried out online. Reverification stands dispensed

with. Accordingly amendment is endorsed by the Court itself and Advocate for Plaintiffs.

3.

Dispute in the Suit between the Plaintiffs and Defendant No. 1 has been settled. Plaintiffs and Defendant No. 1 have entered into Consent Terms dated 01.04.2026. Consent Terms are signed by the Secretary of Plaintiff No. 1 - Society, the authorized partner of Plaintiff No. 2 LLP and by Defendant No. 1. The same have also been signed by the Advocates for the Plaintiffs and Defendant No. 1 respectively. Parties executing the Consent Terms are present before this Court and have been identified by the respectively learned Advocates. They confirm execution of the Consent Terms. Consent Terms are running into 6 pages. For the purpose of reference and convenience, Consent Terms are scanned and reproduced below:-

4.

As stated above, this Court has permitted the Plaintiffs to join the MCGM and its Chief Fire Officer (CFO) as Defendant Nos. 5 and 6 respectively to the present suit. Plaintiff No. 2 has obtained Intimation of Disapproval (IOD) from Defendant No. 5 MCGM under File No. P25315/2025(702/10)/F/North/MATUNGA/337/1/Amend. Plaintiff No. 2 has got plans for redevelopment approved by Defendant No. 5 MCGM. Defendant No. 6 CFO has issued NOC in respect of the plans so proposed forming part of the aforesaid File Number. Defendant No. 1 is entitled to the Nursing Home shown between the ground and first floor of the proposed new building. Defendant Nos.

5 and 6 shall file an affidavit within two weeks before this Court giving the following details:- (i) Whether the plans pertaining to the Nursing Home on the ground and first floor of the proposed new building as sanctioned sufficiently meet the requisite fire safety requirements which are required to be in placed for Defendant No.

other department of the MCGM to enable Defendant No. 1 to get the license from MCGM to operate the Nursing Home after the occupation certificate is received in respect of the same.

(iii) If there is anything required by any department of MCGM including but not limited to the Fire Department, for the purposes of issuing a license to operate the Nursing Home after the occupation certificate is received in respect of the same which is not currently part of the sanctioned plan mentioned above at present, the MCGM shall set out the same in its affidavit.

5.

It is clarified that the filing of the aforesaid affidavit by Defendant Nos. 5 and 6 shall not hold up the compliance with any of the timelines mentioned in the Consent Terms. It is further clarified that upon the affidavit being filed by the MCGM, if any requirements for an operating license for the Nursing Home are set out therein, Plaintiff No. 2 shall only be responsible for providing such of them that are necessary for forming part of the sanctioned plans of the building. 6.

All rights and obligations mentioned in the Consent Terms qua the respective parties are taken as undertaking given to the Court and parties shall abide by the same.

7.

All contentions of parties are kept open.

8.

Suit is decreed in terms of the Consent Terms. Drawn up decree stands dispensed with. Pending Interim Application is disposed. 9.

Liberty to apply.

10.

Refund of Court fees, if any, as per rules.

11.

All parties to act on a server copy of this order downloaded form Bombay High Court website.

Amberkar [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2026.04.02 19:20:36 +0530 RAVINDRA MOHAN AMBERKAR