(S.A. Bobde, Sanjay Kishan Kaul and Indira Banerjee, JJ.)
Adarsh ESTTE Sahakari Griha Nirman Sanstha Masryadit (Proposed) _______________________________________________ Petitioner;
v.
State of Maharashtra and Others ____________________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No. 6070/2014, decided on April 25, 2019
With SLP(C) No. 6204/2014 (IX)
The Order of the court was delivered by
Order
1. There is a dispute about whether the consent for settlement in this Court has been validly withdrawn on the basis of letter dated 11.10.2018.
2. Mr. Mukul Rohatgi, learned Senior Counsel appearing for the petitioners viz., Adarsh Estate Sahakari Griha Nirman Sanstha Masryadit (Proposed) and Saidham Sahakari Griha Nirman Sanstha Maryadit (Proposed), states that the aforesaid letter dated 11.10.2018 purported to withdraw the consent originally contained only six names and the other names which have been added to that letter by simply plucking them from a letter dated 30.05.2018 which is annexed at page 5 in I.A. No. 24965/2019 (Vol.VI).
3. Mr. Rohatgi, learned Senior Counsel, also relates on other contemporaneous evidence in support of his contentions vide letters dated 25.01.2019 and 29.01.2019.
4. In order to ascertain the above, we consider it necessary to first determine if the names which were originally part of letter dated 30.05.2018, have been taken out and added to the letter dated 11.10.2018. In other words, it is necessary to ascertain if the same names occurred in both the letters dated 30.05.2018 and 11.10.2018 in whichever order. We, therefore, appoint Mr. Ashish Wad, learned Counsel, who is appearing for the Municipal Corporation of Greater Mumbai (MCGM) and is present in the Court today, to act as a Local Commissioner.
5. All the parties are directed to produce such documents as the Commissioner so appointed may require for the purpose of carrying out this commission. The fee of the Commissioner is tentatively fixed at Rs. 5,00,000/- (Rupees five lakh only).
6. The petitioners viz., viz., Adarsh Estate Sahakari Griha Nirman Sanstha Masryadit (Proposed) and Saidham Sahakari Griha Nirman Sanstha Maryadit (Proposed), on the one hand and the respondent no. 5 viz., Maruti Nagar Cooperative Housing Society on the other hand, will bear the cost and fee of the Commissioner in equal proportion. They shall also bear out of pocket expenses including the expenses for travel, lodging and Boarding.
7. The Commissioner shall file his report before the next date of hearing.
8. List these matters along with the Commissioner’s report on 09.07.2019.
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