Asim Kumar Ray, J. - (1.) This is an application filed by defendant company for effecting necessary repairing work of the roof in respect of the building appertaining to 16A Brabourne Road, 9th floor (top floor), Kolkata-700 007.
(2.) In the backdrop of the application it is to be noted that petitioner is running a registered office at the aforesaid premises. An application being GA No. 2789 of 2011 in CS No. 317 of 2003 was taken out praying for an order allowing the petitioner to cause repairing work of the roof and the front portion of the office at the cost of the petitioner. By an order dated 2nd May, 2012 this Court disposed of the said application with a direction to effect the repair of the roof of the said premises and appointed advocates on records of both the parties as joint Special Officers to supervise the said work. There was further direction in the said order that the plaintiff/landlord will render all assistance and cooperation to the defendant to carry out the repairing work and shall not create any hindrance thereof by obstructing the masons engaged by the defendant for carrying out such repair work on the roof. Pursuant to the said order joint Special Officers visited the suit premises on 14th June,2012 and submitted their report on the repairing work to be carried out after taking joint inspection in the presence of representative of both the parties and also one civil engineer Mr. Ashis Nandy. It was decided at the time of inspection that the defendant will make all arrangement for repairing of the roof like removal of debris from the site, water, all materials to be carried out by stair, antenna and towers which have been installed on the roof by the landlord are required to be removed . It was further decided that defendant shall obtain permission/no objection from Kolkata Municipal Corporation prior to the commencement of the work of repair on the roof and after completion of the repair work, necessary stability certificate to be obtained from the concerned engineer. Accordingly, defendant took steps and made necessary arrangement for carrying out the repairing work on the roof of the said premises and filed an application before Municipal Commissioner, Kolkata Municipal Corporation with a copy to the Executive Engineer (Building Department ) seeking necessary permission for carrying out the said repair work. On 26th June, 2012 an engineer from Kolkata Municipal Corporation visited the premises and inspected the roof of the said building and after taking inspection expressed that the repair work should be carried out in terms of the order passed by the Hon'ble Court and no further permission is required from Kolkata Municipal Corporation in view of the order of the Hon'ble High Court . The aforesaid fact was informed to the joint Special Officers on number of occasions through various correspondences but in vain. So this application.
(3.) Plaintiff opposes the application by filing an affidavit stating therein that order dated 2nd May, 2012 passed on application being GA No. 2789 of 2011 by this Court was only for repair of the roof but the defendant sometime on 11th May, 2012 forwarded copy of the engineer's report containing the procedure to be adopted for the repair work. On perusal of the said report it appears that the defendant proposed to use chemical compound etc. which would change the nature and character of the roof. The proposed repair is not a minor repair work. The antenna and towers are also required to be dismantled before such repair work could be carried out. It was agreed between the special officers that the defendant would obtain permission /no objection from Kolkata Municipal Corporation for the purpose of repairing the roof and it was also agreed that antenna and towers which have been installed on the roof requires to be removed with the permission of its respective owners in order to carry out repair work. The defendant has failed to obtain any permission/no objection from Kolkata Municipal Corporation and has also failed to obtain any permissions for removal of antenna and towers installed on the roof from the respective owners. Therefore, the application is nothing but to change the nature and character of the premises. It may be rejected.;