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Bombay High Court

Lodha Developers Limited vs Krishnaraj Rao And 2 Ors on 21 January, 2019

Bench: K.R. Sriram

1/3 nmsl-152-19A(17).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO.152 OF 2019 IN SUIT (L) NO.70 OF 2019 Lodha Developers Limited ..Plaintiff/Applicant Vs. Krishnaraj Rao & Ors ..Defendants Mr. Janak Dwarkadas, Senior Advocate a/w Mr. Anirudh Hariani, Mr. Ameet Hariant, Mr. Nooruddin Dhilla and Mr. Zaid Wahidi I/b Hariani & Co. for Plaintiff/Applicant Mr. Omkar Gupte a/w Mr. Jarin Mukesh Doshi I/b Malvi Ranchoddas and Co. for Defendants CORAM : K.R.SHRIRAM, J.

DATE : 21st JANUARY, 2019 P.C.:

1 By consent and without prejudice to the rights and contentions of the parties, for the moment, the following order is passed:

(a) Court appointed Architect will visit the two flats which defendant nos.2 and 3 have purchased from plaintiff and give a report on the condition of the flats, and if there were any defects, list them and give possible cause for those defects.

(b) Architect shall also visit a similar flat to compare the work done in that flat, with the flats sold to defendant nos.2 and 3.

Meera Jadhav ::: Uploaded on - 22/01/2019 ::: Downloaded on - 23/01/2019 01:08:40 ::: 2/3 nmsl-152-19A(17).doc (c) Mr. Dwarkadas states that flat below flats of defendant nos.2

and 3 i.e. flat Nos.3103 and 3104, can be inspected. Mr. Dwarkadas states that if there are any defects in the construction, those defects will be attended to, promptly.

(d) At the time of inspection, plaintiff can send their representative with the Architect and defendant nos.2 and 3 can remain present with their Architect. Defendant no.1 shall not be present at all.

(e) In the meantime, defendants shall not upload any further videos regarding plaintiff or plaintiff's group of companies and shall not put or write any blog on any website or communicate the same to any newspaper or magazine.

(f) M/s Kishor Karamsey & Co., having their office at 14, Kamer Bldg, 2nd floor, 28, Kawasji Patel Street, Fort, Mumbai-400001, Telephone No. 22874283 and 22047643, is appointed as Architect to visit the said four flats and give their report. Architect to inspect the said four flats and give a report to the court and copies to the advocates for plaintiff and defendants, on or before 25th January, 2019.

(g) Mr. Kesarkar, 3rd Assistant Master of this court shall also Meera Jadhav ::: Uploaded on - 22/01/2019 ::: Downloaded on - 23/01/2019 01:08:40 ::: 3/3 nmsl-152-19A(17).doc

accompany the Architect at the time of inspection.

(h) Architect's fees and expenses shall be shared equally between plaintiff and defendant nos.2 and 3. Fees for Mr. Kesarkar is Rs.10,000/- per day plus conveyance and this amount also shall be shared equally between plaintiff and defendant nos.2 and 3, and will be paid directly to the parties concerned.