The High Court rejected an interim application seeking membership for 37 applicants in a High Court employees' society, noting their ineligibility as they are not employees. The court ordered the return of their paid amounts.
The interim application was rejected; amounts paid by applicants will be returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
918-OSIWP-1096-2024.DOC
Sumedh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1096 OF 2024
IN
WRIT PETITION NO. 3509 OF 2019
Nutan N Marathe & Ors ...Applicants In the matter between Milind Dashrath Narvekar …Petitioner Versus State of Maharashtra & Ors …Respondents
Mr Punit Desai , for the Applicants. Mr Mayur Khandeparkar , with Vikramjeet Grewal i/b DA Sakhalkar, for Respondent No 1.
Mr Kunal Waghmare , for the Respondent-BMC. Mr Abhay L Patki, Addl GP with Mr Vikrant Parshuram, AGP , for the Respondent-State.
CORAM G.S. Patel & Kamal Khata, JJ. DATED: 18th April 2024
PC:-
Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 2024.04.19 10:27:10 +0530
1. This Interim Application is completely misconceived. The original Petitioner laboured for 14 years till a Writ Petition meant for a society of High Court employees was finally allowed to go through on Maharashtra Housing and Area Development Authority (“ MHADA ”) land. Now comes this Interim Application asking
Page 1 of 2 18th April 2024
918-OSIWP-1096-2024.DOC
that the Applicants should be considered for membership in the society. There are as many as 37 Applicants. They had apparently made payments way back in 2010 when the society was first being formed. This is no basis on which to include them now. That would disrupt everything, including all plans. Most important is the question of the threshold eligibility. Not one of the Applicants is a High Court employee and the entire scheme was meant only for employees of the High Court.
2. The Interim Application is rejected. There will be no order as to costs.
3. We accept Mr Khandeparkar’s statement that once the Applicants give their bank details, the amounts that have been paid by them will be returned to them.
(Kamal Khata, J)
Page 2 of 2 18th April 2024
1 issue framed by the court
Whether to admit 37 applicants who are not High Court employees into a society scheme meant exclusively for employees.
Milind Dashrath Narvekar
State of Maharashtra
G.S. Patel
Kamal Khata
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
