The High Court of Bombay allowed a notice of motion for restoration. The court made the notice absolute in terms of a prayer for restoration while noting that no interim relief was currently operating in the writ petition.
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Chittewan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.546 OF 2015 IN
WRIT PETITION NO.873 OF 2008
Kukreja Construction Co. and 3 Others .. Applicants V/s
State of Maharashtra, through its Secretary to the Ministry of Urban Development Department and 2 Others .. Respondents
Mr. Shardul Singh i/by M/s DSK Legal for the Applicants. Mr. Kiran Bagalia for the Respondent No.3-MMRDA Mr. Vinod Mahadikfor the Respondent-BMC.
CORAM : A.S. OKA &
V. L. ACHLIYA, JJ. DATE : SEPTEMBER 1, 2015.
P.C. :
. Not on board. Taken on board.
2 Heard the learned Counsel appearing for the Applicants. Heard the learned Counsel for the 2nd Respondent and 3rd Respondent.
3 Perused the averments made in the Affidavit-insupport and in particular the Clauses-(c), (d) and (e) and paragraph-(2) thereof. In view of what is stated therein, a case
906.NMWL 546-15
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for restoration is made out.
4 The second prayer in the Notice of Motion is for restoration of ad-interim order of status quo dated 31 July 2008. The learned Counsel appearing for the Applicants states that he is not pressing prayer-(b). However, we must record here that in view of what is observed in the order of admission, there is no interim relief operating in the Writ Petition.
5 Accordingly, the Notice of Motion is made absolute in terms of prayer-(a).
6 The Writ Petition shall be added to the Weekly Board of “Final Hearing” matters.
Kukreja Construction Co.
State of Maharashtra
A.S. OKA
V. L. ACHLIYA
As recorded by the court registry
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