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Judgment
Biren Vaishnav, J
In this petition under Article 226 of the Constitution of India, the prayer of the petitioner is to direct the respondents to remove the seal for
temporary period from the upper ground floor of 'Patel Chambers', Nanpura, Surat. During the course of the pending petition, several orders have
been passed by this Court in Civil Application No.1 of 2020. The order passed by this Court (Coram:Bhargav D. Karia, J) dated 15.06.2020 reads as
under:
“Heard learned advocate Mr.N.V. Gandhi for the applicants petitioners, learned advocate Mr. Kaushal D. Pandya for the respondent nos.1 & 2,
learned advocate Mr. Vishwas Shah for the respondent no.5, and learned advocate Mr. Uday M. Joshi for the respondent nos. 3 and 4 through video
conferencing.
Learned advocate Mr.Uday Joshi for the respondent nos. 3 and 4 and learned advocate Mr.Vishwash Shah for the respondent no.5 state that the
respondent Nos.3 to 5 are ready to file undertaking before the respondent Nos.1 and 2 â€" Surat Municipal Corporation stating that they have no
objection if the repairing work is carried out by the applicants original petitioners in the premises which is under seal.
Learned advocate Mr.Kaushal J. Pandya appearing for the respondent Nos.1 and 2 - Surat Municipal Corporation states that on receipt of such
undertaking as well as the undertaking to be filed by the original petitioners- applicants as per letter dated 15.10.2019 and after submitting schedule for
repairing work, the respondent nos. 1 and 2 shall open the seal temporarily for repairing work.
Mr.Pandya further states that as and when the applicants-original petitioners approach the respondent Nos.1 and 2 with a request to visit the place,
which is under seal for the purpose of inspection and to prepare an estimate and schedule of repairing work, the respondent Nos. 1 and 2 shall
temporarily open the seal for the said purpose.
Learned advocate Mr.Gandhi states that the applicants - original petitioners shall also file the undertaking as required by the respondent nos. 1 and 2,
as per the letter dated 15.10.2019.
Mr.Gandhi further states that the respondent Nos.1 and 2 may be directed to permit the architect of the applicants-petitioners to visit the place, so as
to prepare the schedule for the repairing work including the time and estimate for the same.
Mr.Shah for the respondent no.5 assures that the respondent No.5 -Bank shall co-operate in the aforesaid process.
Let such exercise be over before 25th June, 2020. Put up this application along with the main matter on 25th June 2020 for further orders.â€
Thereafter when the petition came up for hearing before this Court on 25.06.2020, the Court passed the following order:
“1. Heard Mr.N.V.Gandhi, Mr.Uday Joshi, Mr.Vishwas Shah and Mr.Kaushal Pandya learned advocates for the respective parties.
Pursuant to the order dated 15.06.2020 passed in the Civil Application, I am informed that Mr.Gandhi has filed necessary undertakings together
with an affidavit.
Mr.Kaushal Pandya learned advocate appearing for the Surat Municipal Corporation states that though such undertakings have been received,
however, as stipulated in letter dated 15.10.2019, the applicants have not shown a clear-cut work schedule for carrying out repairs. The applicants
therefore need to clearly specify in detail the time frame, within which, the renovation shall be done. The details of the time frame shall be furnished
before the Corporation within a week from today with a copy to the learned counsel for the respective parties.
Mr.Uday Joshi learned advocate appearing for respondent nos.3 and 4-owners submits that the repairs be carried out under the supervision of a
government appointed structural engineer, to which Mr.Gandhi submits that he is willing to bear the expenses of the work being supervised by an
engineer of the Corporation.
Stand over to 09.07.2020.â€
and on 14.07.2020, the following order was passed;
“Heard learned advocates for the respective parties through video conferencing.
Pursuant to the order dated 25.06.2020 and a communication addressed by the Corporation dated 30.06.2020, the petitioners have undertaken and the
relevant details have been furnished to the Corporation that they would complete the repairs as suggested in the photographs furnished to the
Corporation within 90 days from the date such renovation commences. They have also agreed to appoint a structural engineer acceptable to the
Corporation.
Mr. Kaushal Pandya, learned advocate appearing for respondent Corporation submits that the renovation work can commence once an appropriate
permission is sought for from the Corporation and is granted.
In order to enable the petitioners to obtain such permission as so required for commencing renovation/repair and to complete such repairs within time
frame so undertaken, stand over to 28.07.2020.â€
A consensus today has been arrived at between the parties that the petitioner, the respondent nos.3 and 4 and an officer of the respondent no.5-
bank shall approach the competent authority i.e. the Surat Municipal Corporation with a request that the seal be reopened so that, necessary
repair/renovation be carried out of the premises in question appropriately. All the parties to this petition shall approach the Corporation with such a
request again even if they have approached the Corporation earlier. On such reiteration of the request, the Corporation shall open the seal for a period
of 90 days in accordance with the undertaking given by the petitioners to carry out the repair/renovation work of the premises in question.
On completion of such repair/renovation work in accordance with the undertaking given by the petitioners, the Corporation shall reapply the seal to
the premises.
It is clarified that this exercise in the interregnum of opening the seal and to carry out such repairs, is without prejudice to the rights of the parties in
respect of dues that may be outstanding towards the property. This order shall not also come in the way of the parties in any pending litigation
concerning the present property.
Petition is disposed of in the above terms.
In view of the disposal of the main petition, connected two Civil Applications will also not survive and hence both the Civil Applications are also
disposed of. Registry to communicate this order through E-mail.