Harshad Ratilal Katrodia v. Siddharth Borivali Co. Op Hsg Soc Ltd. and Ors.

Bombay HC20 Feb 2024IA/1566/2024

Case brief

AI extract

What is this about?

Interim applications by society members (respondents in writ petitions) sought protection while mediation continued. The court directed that any finalisation of building plans or development agreement during mediation be intimated to applicants at least four days prior, and ordered affidavits in reply.

What did the court decide?

Direction to intimate applicants at least four days before finalising any plan or development agreement; affidavit in reply permitted.

Harshad Ratilal Katrodia vs Siddharth Borivali Co. Op… — Cooperative Societies | Bombay HC (2024)

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36-IA-1539-2024.docx

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rrpillai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1539 OF 2024 IN

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WRIT PETITION NO. 13996 OF 2023

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Nagina D. Mehta … Applicant In the matter between Siddharth Borivali Co-op Hsg. Soc. Ltd. … Petitioner Vs. State of Maharashtra and Others … Respondents

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WITH

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INTERIM APPLICATION NO. 1566 OF 2024 IN

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WRIT PETITION NO. 14005 OF 2023

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Shri Harshad R. Katrodia … Applicant In the matter between Siddharth Borivali Co-op Hsg. Soc. Ltd. … Petitioner Vs. State of Maharashtra and Others … Respondents

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WITH INTERIM APPLICATION NO. 1567 OF 2024

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WRIT PETITION NO. 14006 OF 2023

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Shri Mahesh V. Soni … Applicant In the matter between Siddharth Borivali Co-op Hsg. Soc. Ltd. … Petitioner Vs. State of Maharashtra and Others … Respondents

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Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2024.02.15 10:28:23 +0530

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36-IA-1539-2024.docx

WITH

INTERIM APPLICATION NO. 1570 OF 2024 IN

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WRIT PETITION NO. 13995 OF 2023

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Shri Mahesh V. Soni … Applicant In the matter between

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Siddharth Borivali Co-op Hsg. Soc. Ltd. … Petitioner Vs.

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State of Maharashtra and Others … Respondents.

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WITH INTERIM APPLICATION NO. 1571 OF 2024 IN

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WRIT PETITION NO. 14008 OF 2023

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Shri Manju P. Bhandari … Applicant In the matter between

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Siddharth Borivali Co-op Hsg. Soc. Ltd. … Petitioner Vs. State of Maharashtra and Others … Respondents.

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Mr. Rajshekar Govilkar, Senior Advocate a/w. Mr. Sandeep Bhagwat, Ms. Chaula Solanki, Mr. H. H. Nagi, Mr. Ameya Vaidya, Ms. Niranjana Pradhan and Ms. Divya Bhatnagar i/b. Nagi and Associates for the Petitioner.

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Mr. Girish Godbole, Senior Advocate a/w. Mr. Nirav Shah and Mr. Shreyas Vyas i/b. Mr. Mitul Shah for the Respondent.

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Mr. P. V. Nelson Rajan, AGP for the State.

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CORAM : GAURI GODSE, J.

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DATE : 13^th FEBRUARY 2024

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36-IA-1539-2024.docx

P.C.

Interim Application No. 1539 of 2024 in Writ Petition No. 13996 is

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shown on the cause list, however, all the connected matters are tagged alongwith the aforesaid petitions. Hence the applications in the connected petition which are not shown on cause list are also taken up on board and following common order is passed.

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The aforesaid interim applications are filed by members of the society who are respondents in the Writ Petitions.

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Learned senior counsel appearing for the society seeks time to file affidavit in reply to the applications.

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All the parties agree that mediation proceedings are still going on pursuant to order dated 11^th January 2024.

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Learned senior counsel appearing for the applicants submitted

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that after the parties were referred to mediation pursuant to order dated 11^th January 2024 the society is proceeding for finalisation of the building plan in furtherance of the development agreement .

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36-IA-1539-2024.docx

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He further submits that in the event the building plan and development agreement are finalised during the pendency of the mediation proceedings and ultimately if the society fails in the petition, the subsequent events will adversely affect the right of the applicants in terms of order impugned in the petition.

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In view of the aforesaid, in the event any plans or development agreement is to be finalised by the society during the pendency of the mediation proceeding, the same shall be intimated to the applicants at least four days prior to taking a final decision to enable the applicants to take appropriate steps.

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Affidavit in reply to be filed on or before 23^rd February 2024 with an advance copy to the learned counsel for other parties

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Stand over to 1^st March 2024.

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[GAURI GODSE, J.]

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Harshad Ratilal Katrodia v. Siddharth Borivali Co. Op Hsg Soc Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Harshad Ratilal Katrodia v. Siddharth Borivali Co. Op Hsg Soc Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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