KALPANA MORPARIA Vs. KALPAVRUKSHA DEVELOPERS

JUDGEMENT

(1.) The 1st Defendant, Kalpavruksha Developers, undertook to construct the building known as Kalpavruksha Tower on final plot on 1204, TPS IV, Mahim Area, CS Nos. 59 and 59/1 of Mahim Division. This is situated at Kashinath Dhuru Road and Yadav Patil Lane, Prabhadevi/ Dadar Mumbai. The proposal was in the mid2000s. Kalpavruksha Developers obtained sanction for a building of ground and 23 floors. Each floor had one flat except the fourth floor, where they were two flats. On the ground floor there was to be a banquet hall. Kalpavruksha Developers constructed a bare shell of G+23. From 2014, all construction came to a standstill. Kalpavruksha Developers ran out of funds. The managing partner of Kalpavruksha Developers died. His son and other partners have been absconding for a very long time.

(2.) The Plaintiff in this Commercial Suit No. 1203 of 2018 filed for specific performance. By orders of 4th July 2019 and 11th July 2018, this Court appointed the Court Receiver who took possession of the project, conducted meetings and carried out an elaborate exercise to collect copies of flat purchase agreements, Chartered Accountant 's certificates and so on. He prepared a report of 5th March 2020. By an order of 1st March 2019, M/s Shetgiri and Associates, architects and engineers empanelled with the Court Receiver, were requested to carry out the necessary tests to submit a report about the structural stability of the building and construction as it then stood. M/s Shetgiri and Associates were also to assess the development potential of the project.

(3.) M/s Shetgiri and Associates made a report on 16th September 2019. This showed, inter alia, that the existing bare shell structure would need extensive repairs and retrofitting. Further construction and load on the 23-storey structure would not be feasible with the current foundations. There were no sanctioned plans or permissions for construction beyond the 23rd floor. The then estimated cost of repairs and completion of the 23-storey project were at least Rs. 57.22 crores.