Writ petition by a builder against the State and CIDCO. The court noted an affidavit in reply filed during lockdown was lost in the Registry and directed CIDCO to re-file it with an annexed copy, listing the matter for further hearing.
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.
908-ASWP-3763-2024.DOC
Ganesh
Digitally
signed by
GANESH
GANESH SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:
2024.04.08
10:14:25
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3763 OF 2024
Shree Sai Builders and Developers …Petitioner Versus The State of Maharashtra & Anr …Respondents
Ms Gulnar Mistry , with Samidha Padwal & Neel Shetty, i/b Manoj Harit & Co, for the Petitioner. Mr AA Alaspurkar, AGP, for Respondent No 1-State. Mr Akshay Kulkarni , i/b Ashutosh M Kulkarni, for Respondent No 2- CIDCO.
CORAM G.S. Patel &
Kamal Khata, JJ. DATED: 5th April 2024
PC:-
1. The Petition was filed in the lockdown. Ms Mistry says she was not responsible for that. She then clarifies that she means she was not responsible for either the lockdown nor the filing of the Petition. She is right on both counts.
2. But it seems there was an Affidavit in Reply filed by email at that time that has got lost in the digital desert of the High Court Registry. It is not to be found in the papers. It is also not to be found in the online filing. Ms Mistry offers to AirDrop a copy to us. That
Page 1 of 2 5th April 2024
908-ASWP-3763-2024.DOC
will hardly serve the purpose because it will not enter the Registry that way either.
3. The City and Industrial Development Corporation of Maharashtra must file a one-page Affidavit annexing to it a copy of the previous Affidavit with nothing added to that earlier affidavit. This will be filed in both hard and soft copy in the Registry within one week from today.
4. List the matter on 2nd May 2024.
(Kamal Khata, J)
(G. S. Patel, J)
Page 2 of 2 5th April 2024
Shree Sai Builders and Developers
The State of Maharashtra
CIDCO
G.S. Patel
Kamal Khata
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
