Writ petition concerning suit flats and disputed rent withdrawn by petitioners after respondent's cheques were honoured and possession taken, with liberty to seek rent quantification or compensation before the Civil Court.
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sbw 5-OSWP-4592-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 4592 OF 2024
Mansukh Manilal Chheda & Ors. … Petitioners.
V/s.
The Chief Officer, Mumbai Building Repairs & Reconstruction Board (MBRRB) & … Respondents.
Mr. Shakeeb Shaikh a/w Ms. Urvashi Haryan for the Petitioners.
Ms. Pushpa Yadav a/w Smt. M.M. Dhuri i/by Smt. Komal Punjabi for Respondent No.8-BMC.
Ms. Gauri Sawant, AGP, for the Respondent-State.
Mr. Vibhav Krishna a/w Mr. Tahir Prande i/by Juris Consillis for Respondent No.5.
Ms. Neelam Rane i/by Mr. Mayur Bhatt for Respondent No.6.
CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 13th November 2024.
P.C.:-
instructions submitted that, the cheques issued by the Respondent No.5 are
honoured and Petitioners have taken possession of the suit flats. He,
therefore seeks leave to withdraw the Petition with liberty to adopt appropriate alternate remedy for quantification of disputed rent amount
and/or to seek compensation from the Respondent No.5 before the Civil
Court.
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Digitally signed SANDHYABHAGUWADHWA by SANDHYABHAGUWADHWADate:2024.11.18 12:02:02 +0530
sbw 5-OSWP-4592-2024.doc
Leave and liberty granted.
Civil Court are expressly kept open.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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1 issue framed by the court
Whether the petition should be withdrawn after cheques were honoured and possession taken, with liberty to pursue rent quantification/compensation before the Civil Court.
Mansukh Manilal Chheda & Ors.
The Chief Officer, Mumbai Building Repairs & Reconstruction Board (MBRRB) & …
A. S. Gadkari
Kamal Khata
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
