‘When can lawyers resume patronage of Dwarka restaurant?’: Bombay HC seeks BMC’s progress report on repair work

A division bench of Justice Gautam S Patel and Justice Kamal R Khata on March 19 passed an order in a plea by Kamath brothers (of Dwarka restaurant) and six other tenants.

Advocate Simil Purohit for the petitioners had raised concern that if the owners – Irishman Developers Pvt Ltd – do not restore the building, the petitioners would exercise their right for the same.

The HC had earlier this year refused to extend the January 29 deadline for the petitioners to vacate their premises, so that owners can undertake repairs. Some lawyers, who were also tenants, had vacated the premises earlier.

The bench remarked that Purohit seemed to be ‘personally peeved’. “He says that he was until recently, like many of us were, some of us a long time ago, a regular at the Dwarka Hotel at the western end of Dalal Street. It was renowned for its many vegetarian delights,” Justice Patel noted.

The judge went on to note, “Purohit only hints at this — large sections of the legal community have suffered, especially in the High Court and the City Civil Court. He does not go quite so far as to suggest that there is therefore now a compelling public interest; but indeed well he might at some stage. After all, who are we to come in the way of the much needed sustenance and refuelling of advocates at our Bar?”

The bench noted that even otherwise, there was an ‘undeniable urgency’ as the matter had been going on since October last year and Dwarka restaurant had shifted out in February, 2024.

“Since then, advocate Purohit and his fraternity have been without the benefits of Dwarka’s menu. This is the cause of Purohit’s post-prandial ire…” Justice Patel remarked

He went on to comment that advocate Yashodeep Deshmukh, representing the owners of the building appeared to be ‘somewhat conflicted.’ “We see where his personal sympathies lie. But his instructions are otherwise, and he is bound by those,” said the court.

The bench further said that ‘delicately treading this tightrope,’ Deshmukh submitted that ‘indeed repairs or re-development must progress, but the situation at the site does not allow for an instant solution’. The HC sought BMC’s response by next hearing on Friday, March 22.

Owing to the conflicting structural audit reports by two firms hired by the owners and the tenants, the issue was referred to the Technical Advisory Committee (TAC) of the BMC, which in July, last year categorised the building in C2-A (dangerous; requires major repair and needs to be vacated for the same) category. The TAC had said structural repairs were to be done within three months, failing which the building would be treated as C1 (dilapidated) category and would have to be demolished.

Stating that the owners failed to carry out the repairs, the Kamath brothers and others had moved the HC in September, last year and sought structural repairs and that the building should not be demolished.