A housing society's writ petition sought a direction to the District Deputy Registrar to decide its deemed conveyance application. The dispute with the developer respondents was settled by consent terms signed by both sides, which were taken on record and made the basis of disposal.
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.
P.wp.1004.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1004 OF 2024
Usha Kiran CHSL .. Petitioner
Versus
Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2024.08.01 10:43:21 +0530
State of Maharashtra & Ors.
.. Respondents
Ms.Neeta Jain i/b Alochan Naik, Advocates for the Petitioner.
Mr.Lalit V Jain, Advocate for Respondent No.4.
CORAM :B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE : JULY 31, 2024
P. C.
1. Not on board. At the request of the Petitioner taken on
board.
2. The above Praecipe has been moved for speaking to the minutes of the order dated 10th July 2024. In the appearance column for “ Mr.Sanjiv Harale ” the words “ Mr.Sanjeev Harale ” shall be substituted. Similarly for the name “ Mr.Sanjeev Jhaveri ” the words “ Mr.Sanjiv Jhaveri ” shall be substituted.
Utkarsh
Page 1 of 5 JULY 31, 2024
P.wp.1004.2024.doc
3. In paragraph 3 of the order dated 10th July 2024, for the date “ 9th July 2024 ”, the date “ 9th June 2024 ” shall be substituted.
4. No other correction is sought. The aforesaid corrections shall be carried out in the original order as well as in the copy uploaded on the server.
5. The Praecipe for speaking to the minutes is accordingly disposed of. However, there shall be no order as to costs.
6. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]
For the sake of convenience the order dated 10th July 2024 (as corrected) is reproduced hereunder:-
Page 2 of 5 JULY 31, 2024
Utkarsh
P.wp.1004.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1004 OF 2024
Usha Kiran CHSL
.. Petitioner
Versus
State of Maharashtra & Ors.
.. Respondents
Adv. Neeta Jain i/b. Alochan Naik for the Petitioner.
Adv. Kunal Bhanage i/b. Lalit Jain for Respondent Nos. 3 and 4.
Mrs. Uma Palsule-Desai , AGP for Respondent-State.
Mr. Sanjeev Harale , Secretary of the Petitioner is present.
Mr. Sanjiv Jhaveri , Respondent No.4 is present.
CORAM: B. P. COLABAWALLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: JULY 10, 2024
P. C.
1. The above Writ Petition is filed inter-alia seeking a direction to Respondent No.2 to decide Application No. 118 of 2022. This Application was filed by the Petitioner-Society seeking a deemed conveyance. In the above Writ Petition, Respondent No.1 is the State of Maharashtra, Respondent No.2 is District Deputy Registrar of
Utkarsh
Page 3 of 5 JULY 31, 2024
P.wp.1004.2024.doc
Cooperative Societies, Mumbai City-3 and Respondent Nos. 3 and 4 are the Developers.
2. When the above Writ Petition is called out, the parties have informed us that the disputes, which are really between the PetitionerSociety and Respondent Nos. 3 and 4, have been settled as recorded in the Consent Terms dated 10th July, 2024.
3. The Consent Terms have been signed by Mr. Sanjeev Tukaram Harale, who is the Secretary of the Petitioner-Society and has been authorized to enter into the Consent Terms pursuant to a Special General Body meeting held on 9th June, 2024 . Mr. Sanjeev Tukaram Harale is present in Court today and has stated that he has signed the Consent Terms after reading and understanding the same as well as the implications thereof.
4. The Consent Terms have also been signed by Respondent No.4, who is the Sole Proprietor of Respondent No.3. He too is present in Court today and has stated that he has signed the Consent Terms after reading and understanding the same as well as the implications thereof.
Page 4 of 5 JULY 31, 2024
Utkarsh
P.wp.1004.2024.doc
5. The Consent Terms are also signed by the Advocates appearing for the Petitioner and the Advocates appearing for Respondent Nos. 3 and 4.
6. In these circumstances, the Consent Terms dated 10th July, 2024 are taken on record and marked ‘X’ for identification. The undertakings given in the Consent Terms are accepted as undertakings given to the Court. There shall be an order in terms of the Consent Terms and the Writ Petition is also disposed of in terms thereof. However, in the facts and circumstances of the present case, there shall be no order as to costs.
7. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]
Page 5 of 5 JULY 31, 2024
Utkarsh
1 issue framed by the court
Whether the writ petition seeking direction to decide the society's deemed conveyance application could be disposed of in terms of consent terms.
Usha Kiran CHSL
State of Maharashtra
B. P. Colabawalla
Firdosh P. Pooniwalla
As recorded by the court registry
9 orders share this CNR
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