Notice of Motion was withdrawn by plaintiffs seeking liberty to file a fresh one if bifurcation cancellation is quashed. Application for continuation of ad-interim relief was refused.
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30.nms.1338.2013.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1338 OF 2013
IN
SUIT NO.667 OF 2013
Prestige Co-op.Housing Society Ltd. & Anr.
...Applicants/Plaintiffs
vs
The Municipal Corporation of Greater Mumbai & Ors. ...Defendants
WITH CHAMBER SUMMONS NO. 986 OF 2013
IN SUIT NO.667 OF 2013
M/s Three D-Build Force In the matter between Prestige Co-op.HSG Ltd. & Anr.
...Applicant/Third party
...Plaintiffs
vs
The Municipal Corporation of Greater Mumbai & Ors. ...Defendants
WITH
NOTICE OF MOTION (L) NO. 1233 OF 2013 IN
SUIT NO.667 OF 2013
Prestige Co-op.Housing Society Ltd. & Anr. ...Applicants/Plaintiffs
vs
The Municipal Corporation of Greater Mumbai & Ors. ...Defendants
Mr Omkar Kulkarni for the Plaintiff. Mr P.Y.Shankar for Defendant No.6.
Mr Firoz Bharucha i/b Niranjan Jagtap & Co. for Defendant Nos.7 & 8. Mr Sandeep Patil for BMC.
Mr Kamlesh Ghumre with Ms Sonai Jadhav for SRA
CORAM : S.C. GUPTE, J. AUGUST 04, 2014
P.C. :
Plaintiff No.1 is a society formed on bifurcation of a co-operative society. The order of bifurcation was set aside by the concerned Minister on 5 December 2013. The cancellation of the bifurcation has since been challenged by the Plaintiffs. The Plaintiffs' Writ Petition in this behalf,challenging the order, was dismissed by this Court on 1 August 2014. In view of the cancellation of the
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30.nms.1338.2013.doc
bifurcation and dismissal of the challenge to the order of cancelling bifurcation, as of date Plaintiff No.1 has no locus to file the present suit.
2 In the premises, the Plaintiffs seek leave to withdraw the Notice of Motion with liberty to file a fresh Notice of Motion in the event the order cancelling bifurcation is set aside or stayed at any future date. The Defendants have no objection to the prayer being granted.
3 Accordingly, Notice of Motion No.1338 of 2013 is dismissed as withdrawn with liberty as prayed. Learned Counsel for the Plaintiffs seeks continuation of the ad-interim relief operating till date. The application is refused.
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Prestige Co-op. Housing Society Ltd. & Anr.
The Municipal Corporation of Greater Mumbai & Ors.
M/s Three D-Build Force
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
