Disposed

Siver Palace Co-Operative Housing Society Ltd. v. Bai Fatmabai and Ors.

Bombay HC12 Mar 2014WP/808/2014

Case brief

AI extract

What is this about?

This writ petition sought a direction to the City Civil Court to expeditiously decide a pending Notice of Motion filed by the petitioner. The High Court directed the subordinate court to dispose of the matter within 12 weeks on merits and disposed of the petition.

What did the court decide?

Direction to City Civil Court to decide the Notice of Motion within 12 weeks on merits.

Siver Palace Co-Operative Housing Society Ltd… — Civil Procedure and Limitation | Bombay HC (2014)

¶1

1/3

¶2

WPL/574/2014

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 574 OF 2014

¶4

Silver Palace Co-operative Housing Society Ltd.

¶5

….. Petitioner.

¶6

V/s

¶7

Bai Fatmabai widow of Hajee Alimohammed Hajee Cassum and mother of the deceased Suleman Hajee Alimohammed Hajee Cassum & Ors.

¶8

….. Respondents.

¶9

Mr. R.D. Suryawanshi for the Petitioner. Mr. Cyrus Bharucha for the Respondent.

¶10

CORAM: V. M. KANADE & A. K. MENON, JJ.

¶11

DATE: 12^th March, 2014

¶12

P.C.:-

¶13

Heard the learned Counsel appearing on behalf of the Petitioner and the learned Counsel appearing on behalf of the Respondent.

¶14

Petitioner has filed this Petition seeking an appropriate writ, order or direction, directing the City Civil Court to expeditiously dispose of the Notice of Motion filed by the

¶15

2/3

¶16

WPL/574/2014

¶17

Petitioner in pending Suit No.3415 of 1947 which was transferred from the High Court to City Civil Court, on merits and in accordance with law. In the said Notice of Motion, Petitioner is seeking the following reliefs:-

¶18

“(a) that this Hon'ble Court be pleased to grant leave to the present Applicant to institute a proceeding against the Court Receiver, High Court, Bombay in suit No.3415 of 1947 before the District Deputy Registrar-III, Mumbai at Mumbai or any other appropriate Civil Court;

¶19

(b) for such other and further equitable reliefs as the nature and circumstances of the case may require be granted.”

¶20

It is submitted that the Notice of Motion is pending since 2012 and the learned Judge of the City Civil Court has neither given any fixed date nor returnable date and, therefore, the Petitioner is constrained to approach this Court.

¶21

On the other hand, the learned Counsel appearing on behalf of the Respondent vehemently opposed this application. He submitted that Writ Petition is not maintainable since both the parties are private parties.

¶22

3/3

¶23

WPL/574/2014

¶24

Secondly, it is submitted that Petitioner should approach the City Civil Court instead of coming to this Court directly.

¶25

In our view, since the only relief claimed by the Petitioner is for direction, directing the City Civil Court to expeditiously decide the Notice of Motion in which the Petitioner is only seeking leave to file a suit, we feel that such a direction can be given to the City Civil Court.

¶26

We, therefore, direct the City Civil Court to decide the Notice of Motion taken out by the Petitioner as expeditiously as possible and, in any case, within a period of 12 weeks from today on merits and in accordance with law. With this direction, Petition is disposed of.

¶27

(A. K. MENON, J. ) (V.M. KANADE, J.)

¶28

bdpps

Siver Palace Co-Operative Housing Society Ltd. v. Bai Fatmabai and Ors.

Case brief

What is this about?

What did the court decide?

Siver Palace Co-Operative Housing Society Ltd. v. Bai Fatmabai and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Aliasagar Razaali Zaboli Vs the State of Maharashtra and Others

M/S. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs Union of India and 4 Others

Kakade Infrastructure Private Ltd. Vs State of Maharashtra and Ors.

Shri. Satish D. Darekar Vs Pimpri-Chinchwad Municipal Corporation, Pimpri and Ors.

Bimladevi W/O. Manguru Yadav Vs the State of Maharashtra and Anr.

Euro Vistaa (India) Limited and Anr. Vs Aster Commodities Dmcc