Adjournment order in a writ petition by a proposed cooperative housing society against municipal authorities. Reply affidavit time extended; interim relief refused for now with liberty to apply after reply is filed; steps taken made subject to the petition's outcome.
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31-OSWP-1612-2024.DOC
Wadhwa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1612 OF 2024
Om Vishwashanti CHS (Proposed) through his …Petitioners Chief Promoter & Anr Versus
Mumbai Municipal Corporation through …Respondents Municipal Commissioner & Ors
Mr Mayur Khandeparkar , with Yash Tiwari, Ankit Tiwari, Manee Vishwakarma, i/b KP Tiwari & Co, for the Petitioners. Mr JG Aradwad (Reddy) , with Abhijit Patil, for Respondent No. 3- SRA.
Dr Milind Sathe, Senior Advocate , with Kunal Waghmare, i/b Sunil Sonawane, for Respondent Nos. 1, 2, 4 & 5-BMC. Mr Swapnil Gund , Officer SE Maintenance, P/N Ward-present.
CORAM M.S. Karnik & Kamal Khata, JJ. DATED: 8th May 2024
PC:-
1. Heard Mr Khandeparkar. On 15th April 2024 the Corporation
had sought time to file and serve the Affidavit in Reply by 26th April 2024. Dr Milind Sathe, Senior Advocate appears and requests for some more time to file reply. Reply to be filed within the extended
Digitally signed SANDHYA by SANDHYABHAGU BHAGU WADHWA WADHWA Date:2024.05.09 10:58:41 +0530
Page 1 of 2 8th May 2024
31-OSWP-1612-2024.DOC
period of two weeks from today. At this stage, we are not inclined to accede to the request of Mr Khandeparkar for grant of interim reliefs.
2. It is made clear that all steps taken by the Respondents shall be subject to the decision of the Petition. It is further made it clear that it will be open for the Petitioner to make an application for interim relief after the filing of the Affidavit in Reply. Liberty to apply.
3. List the Petition on 12th June 2024.
(Kamal Khata, J)
(M. S. Karnik, J)
Page 2 of 2 8th May 2024
Om Vishwashanti CHS (Proposed) through Chief Promoter
Anr (second petitioner)
Mumbai Municipal Corporation through Municipal Commissioner
Ors (remaining respondents)
M.S. Karnik
Kamal Khata
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
