Bombay High Court
S/1155/1993 of SRICHAND VISHANDAS RAHEJAand ANR. Vs ARIHANT TOWER CO-OP.HSG. SOC.LTD. on 17 October 2003
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICGTION
Contempt Petition NO. 26 of 2005
inSuit No. 1155 of 1993
Arihat Tower Coop. Hsg. Socy. Ltd.
... Petitioners
vs.Srichand V. Raheja and anr. . ... Respondents Bharat Vaishnava for petitioners
A. Y. Sakhare i/b. Ranjit & Co.,for respondents.
P.C.
CORAM:A. S. AGUIAR J.Date: 29/4/2005
Contempt is alleged in respect of the order ofthis court (Radhakrishnan J.) dated 17[th] October 2003accepting the undertaking contained in the consentterms , more particularly undertaking at clause 5 of theconsent terms that the Plaintiffs shall constructfourteen open garages in the compound of the said “Arihant Tower” building within one year from the date ofsigning of the consent terms. It is the contention ofthe learned advocate for the Respondents that theRespondents are willing to construct the garage asundertaken, but the construction of the garage by theRespondents is being opposed by the Petitioners and itsmembers.
Learned advocate for the Petitioners statesthat the construction work being carried on by theRespondents in the adjoining plot would make it next toimpossible for the Respondents to construct the garagesin the Petitioner society premises. Learned advocatefor the Respondents maintains that the Respondents willbe able to carry out the construction of the garageprovided the Petitioner and its members do not obstructthe work. However, since the construction will take sometime, the work may be commenced only after the monsoon.Accordingly, by consent, the following order is passed:
The Respondents will start construction of thebasement in the month of October 2005 i.e., after themonsoon and will complete the work be completed within 3months. Within 6 months thereafter, Respondents willconstruct the garages. Learned advocate for the Petitioners state that they will not obstruct theconstruction of the basement or any other work by theRespondents and further they will pay a sum ofRs.10,000/ per garage , as agreed in clause 5 of theconsent terms.
With the above order petition stands disposedof. No order as to costs.
(A. S. AGUIAR J.)