Our family is a owner of a building known as Saburi, Vakola
Bridge, Santacruz east, Mumbai 400055. There is an old tenant in our building
known as Mrs. Bina Chowdhuri. All her sons are well settled and live separately
for decades. She had more properties in
Santacruz east which she sold years back for premium. She has substantial bank investments and
savings.
Presently she has huge property of Wadia’s (about 3000sq mts
approx) and a bungalow in Vakola area besides she is tenant in our above building.
She is occupying certain premises on first floor of our building but filed a case in the year 1990 on us
claiming tenancy rights to terrace etc.. Her advocate is very costly, very powerful;
keeps filing unnecessary applications, courts practically are run to his whims
and wishes. So 23 years have passed and I find no end to the case in my life
time due to strong arms of Advocate Amin Nathani and his smartf Bandra Small delaying
tactics.
My son has become coowner of this building in place of my late
beloved mother as per her last will and probate.
He is B.E ( 1st Class Mumbai university, passed
several exams of share market, AMFI, cleared International CFA level 2 ) and working for a corporate
house for over 4 years. Now he wishes to
start his own office.
So he filed a case of eviction for
personal bonafide use on this lady who has kept the premises under lock and key
for years. Her rent is Rs 138/- p.m. only.
To begin with many advocates
refused to take up case if Ad Nathani was to represent the opposite party. Some
how when an advocate agreed then due to several reasons from both side filing
was delayed. Ultimately case was filed but bailiff came on a day close to case
date so daughter of Mrs. Bina Chowdhuri refused to accept the summons. Process
for second service was done and was assigned to a bailiff on 23rd
October 2013. When I enquired on 16th Nov. 2013 with bailiff dept of
Small causes court, Bandra I was told bailiff has lost the summons and earlier
service refusal report. I wonder if this is a beginning of delaying tactics.
Earlier in Bandra small causes court
files have been misplaced, 5 years my
application for expediting was pending
where as in her appeal judge gave order for expediting on the basis of
age in short title, on her request court appointed one after another court
commissioner to inspect the building but either they were dead, migrated away from Mumbai,
retired etc and thus wasted years. Finally one CC was appointed who went over
board and instead of just inspecting and giving report on condition of building
he fixed the responsibility of landlord to carry out heavy repairs on terrace and
how to carry out same. Without acknowledging the fact that this tenant had
taken injunction against landlord prohibiting entry to the terrace so all these
years landlord could not carry our repairs and tenant on purpose neglected same.
So this is what is in store when
you are a litigant in India and especially in Small causes court.
Recently in another case my
advocate surprisingly asked for an adjournment as Ad Nathani was not there
where as he is supposed to press for going ahead as matter is 23 years old. Ad Nathani
or his clients never give written application for adjournments.
In another matter Appeal court
fixed a very low mesne profit so thru RTI I applied for copies of various
orders passed in similar matter in same court but court is evasive in giving
same and made me run pillar to post citing
technical ( nonexistent ground).
In sessions
court PP Chavan remained silent but advocate of accused shouts, growls and Blames
and terrifies the victim and the lady
Judge Joshi used to quietly witness the
onslaught on crying innocent girl.
So much so today as leaving for outstation.
But I will be back with my experience
in courts.
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