Interim Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 15
IN
R.A.E. SUIT NO.294 OF 2024
(CNR : MHSCA3-000831-2024)
Warren Miranda and ors. … Plaintiffs
Versus
Woodwinds Bandra Co-operative
Housing Society Limited ... Defendant
Advocate for plaintiffs : M/s. Lex Conseiller.
Advocate for defendant : P. Vas & Co. / Mr. Anthony D’Silva.
Coram : A. J. Fatale,
Judge, C.R.No.32 (B.B.),
Date : 09.04.2026
ORAL ORDER :-
Perused the application, reply filed by defendant vide
Exh.17 and record. Heard both sides.
2. Present application filed by plaintiff for directing to
defendant to give inspection of suit property to ascertain the present
position and condition of suit property and permitted to take
photographs and take inspection alongwith authorised representative
either by plaintiff themselves or in the presence of Court
Commissioner on the date and time on which may be fixed by the
court. It is fairly submitted by the advocate of plaintiff that the
plaintiffs are do not want to appoint the Court Commissioner. The
plaintiffs are only want to take inspection of suit property.
3. It is contention of plaintiff that the plaintiffs are want to
take inspection of suit property to ascertain present position of suit
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property. The plaintiffs and their predecessor in title on many
occasions addressed correspondence to defendant society seeking
inspection of suit property but the defendant pretend to provide
inspection of suit property but in actually they refused to provide
inspection of suit property. Defendant is avoiding inspection of suit
property with intend to hide the illegalities done by them by carrying
out illegal additions and alterations in the suit property. Defendant is
bound and liable to give inspection of suit property under Section 28
of Maharashtra Rent Control Act.
4. The defendant has filed reply and opposed the
application contending that there is no cause of action arisen for the
plaintiffs to take out present application. Present application is
verified and signed on 27.03.2024 i.e. before filing of suit and
presented on 05.03.2025. The defendants have not denied any title of
the plaintiffs. It is denied by the defendant that the society is
deliberately avoiding to provide inspection of suit property or have
failed and neglected to give inspection of the suit property as alleged
by the plaintiff. It is pertinent to note here that it is contended by the
defendant by law the landlords are able and can take inspection but
the plaintiff cannot circumvent provision of law by directly making
application in court, the procedure established by law must be
followed to prevent abuse of process of law. It is also pertinent to
note that the defendant has contended in reply that they were always
ready and willing to provide inspection of suit property and there was
various correspondence calling upon the plaintiffs to take inspection
as required. Considering the contention made by defendant it appears
that there was exchanged of letters took place between the parties
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with regard to taking inspection of suit property.
5. On perusal of record, it appears that there was letter of
correspondence took place between plaintiffs and defendant prior to
filing suit. In the letter dated 27.01.2023, plaintiffs were called upon
defendant for taking inspection of suit property and the
representatives of the plaintiff alongwith their advocate, architect,
structural engineers shall visit the said property on 11.02.2023.
Thereafter, the defendant has appears to give reply vide letter dated
27.03.2023 to the letter dated 27.01.2023 issued by the plaintiff. The
defendant was denied all allegations made by the plaintiffs in their
letter. It is pertinent to note here that in the said reply, the defendant
has stated that they have no objection to give inspection of insurance
policies in respect of building and inspection of said property. But
they have denied that they are liable to permit and allow the
architect and structural engineer of the plaintiffs to conduct hammer
test and to check the feasibility of the said structure as demanded by
the plaintiffs. There is appears to be letter of correspondence took
place between the parties in respect of inspection of suit property.
6. As per Section 28 of Maharashtra Rent Control Act, the
landlord shall be entitled to inspect the premises let or given on
license, at a reasonable time after giving prior notice to the tenant,
licensee or occupier. Inspect the premises covers a critical
examination and not mere casual glance or mere ocular inspection.
Landlord under Section 28 of MRC Act at any point of time, after
issuing notice to tenant can inspect the premises alone or with an
architect or other such person. Every landlord has a inherent right to
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inspect the premises.
7. Considering the facts and circumstances of record, the plaintiff
is entitled to take inspection of suit property by themselves or
through their authorised representatives alongwith other person like
photographer / architect. No prejudice would be caused to the
defendant as the defendant has an opportunity to make submissions
on the whatever report file by the plaintiffs in respect of situation of
the suit premises. Hence, I pass the following order :-
ORDER
1. Application is partly allowed.
2. Defendant to give inspection of the suit
property to the plaintiffs or their authorised
representatives and shall facilitate for
inspection of suit property to the plaintiffs.
3. Plaintiffs to inform the date of inspection of
suit property in advance to the defendant in
written form or the defendant shall inform the
date for taking inspection by the plaintiffs as
per their convenient.
4. Plaintiffs are permitted to take inspection of
the suit property by themselves or through
their authorised representatives with other
person i.e. photographer / architect.
(A. J. Fatale)
Judge, C.R.No.32 (B.B.)
09.04.2026
Dictated on : 09.04.2026
Checked & signed on : 09.04.2026
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