Trustees of the Port of Bombay Being a statutory Corporation vs Sayed Abdul Hamid Mohammed Shah Kadri (since deceased)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 647

N. J. JAMADAR
Trustees of the Port of Bombay Being a statutory Corporation – Appellant
Versus
Sayed Abdul Hamid Mohammed Shah Kadri (since deceased) – Respondent

Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Umesh Shetty with Mr. Shanay Shah, Mr. Rahul Jain, Ms. Khushboo Rupani, Mr. Nikhil Verma i/by HSA
For the Defendant :Mr. Denzil D’Mello with Mr. Austin Fernandes, Mr. Mustafa Bohra with Mr. Vivek Sharma i/by Solomon and Co., Mr. A.S.Khandeparkar, Senior Advocate with Mr. Niranjan Shimpi, Mr. Mayur Khandeparkar with Mr. Chaitanya Nikte i/by Mr. Prasad Sarvankar, Mr. S.K.Dhekale, Court Receiver with Mr. E.B.Sivakumar, 1st Assistant to Court Receiver, present.

JUDGMENT :

1. By this Report, the Court Receiver, inter alia, seeks the following directions :

“(a) What steps the Court Receiver should take as the third party viz. Mr. Sahebrao Kadam is found occupying of ground floor (east and west wing), 1st floor (east and west wing), 2nd floor (east and west wing), 3rd floor (east and west wing), 4th floor (east and west wing) suit premises situated at Commerce House, Ballard Estate, Currimbhoy Road, Mumbai and he is doing repairing work of entire building ?”

2. The litigation has a chequered history spanning over half a century. It reflects the vicissitudes of the litigation brought about by a variety of factors; inertia and inaction on the part of the parties not in less measure. Thus, I deem it in the fitness of things to summarize the nature and outcome of the proceedings leading to the situation which obtains today where a third party is found to be occupying a substantial portion of the suit property.

3. Mumbai Port Trust (MPT) – the Plaintiff, is the owner of plot of land bearing City Survey No.39 / 1187 admeasuring 1012 sq. yards (the suit plot). The Plaintiff had leased the said plot to M/s. Hoare Miller and Company Ltd. for a period of

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2023 Supreme(Bom) 647

N. J. JAMADARTrustees of the Port of Bombay Being a statutory Corporation – AppellantVersusSayed Abdul Hamid Mohammed Shah Kadri (since deceased) – Respondent

Cases Referred (5)

N. J. JAMADAR
Trustees of the Port of Bombay Being a statutory Corporation – Appellant
Versus
Sayed Abdul Hamid Mohammed Shah Kadri (since deceased) – Respondent