When can our lawyers resume patronage of Dwarka Restaurant? Bombay High Court asks BMC

The Bombay High Court recently asked the Brihanmumbai Municipal Corporation (BMC) for an update on the progress made in completing repairs in the century-old DG Chambers building in Mumbai, where a lawyers' haunt named Dwarka Restaurant is situated..A March 19 order recorded several light exchanges between lawyers and a Bench of Justices GS Patel and Kamal Khata, which said,“We expect a status report by the Brihanmumbai Municipal Corporation (which was once upon a time the Bombay Municipal Corporation or BMC, then the Municipal Corporation of Greater Mumbai or MCGM and now, old wine in an older bottle, is the BMC again) by March 22, 2024 as to what progress has been made and timelines for completion of the essential repair work. And when our lawyers can expect to resume their patronage of the Dwarka vegetarian restaurant.".Dwarka Restaurant was located in the Fort area, just across the road from the High Court and within walking distance from the City Civil and Sessions Court. The vegetarian restaurant was frequented by lawyers for meetings or quick meals before and after court hearings.However, in July 2023, a Technical Advisory Committee (TAC) of the BMC categorized the building housing the restaurant as dangerous and concluded that it required major repair work. After the BMC issued a notice for repair work, the building's owners assured BMC that they would carry out the same on their own. The owners also asked the tenants, including the owner of Dwarka Restaurant and several lawyers who rented tenements for their offices, to vacate the premises. After much resistance, Dwarka Restaurant moved out of the building. .During the hearing in the matter, the Court noted that Advocate Simil Purohit, appearing for the tenants, seemed personally peeved by the halt in the restaurant's services.“Mr Purohit seems 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. At the instance of Mr Deshmukh’s clients (building owners) the hotel been shut down. As a result 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 Court remarked..The Court agreed that even otherwise, there was an undeniable urgency in the matter since it has been going on since October 2023. “Since then, Mr Purohit and his fraternity have been without the benefits of Dwarka’s menu. This is the cause of Mr Purohit’s post-prandial ire," the Court added, on a lighter note. .The Bench also sensed the "somewhat conflicted" submissions of Advocate Yashodeep Deshmukh, who appeared for the building's owners.“We see where his personal sympathies lie. But his instructions are otherwise, and he is bound by those. Delicately treading this tightrope, he submits that indeed repairs or re-development must progress, but the situation at the site does not allow for an instant solution. His clients have indeed made progress, but other factors have intervened.".A remark made by Deshmukh in lighter vein to indicate that the case not only affected lawyers and judges, but also involved legal complications, did not go unnoticed by the Court.“This is not, Mr Deshmukh says, just a matter between Bar and Bench. There is indeed, as he puts it, a question of Live Law. He shows us some repair work papers and some loose documents in support of this submission.".The Court will hear the matter further on March 22..[Read Order]