D. N. Nagar Sai Krupa Co-Operative Housing Society Ltd. vs Union of India, through the Secretary, Ministry of Civil Aviation — Bombay HC (2025) — LawSathi Research

D. N. Nagar Sai Krupa Co-Operative Housing Society Ltd. vs Union of India, through the Secretary, Ministry of Civil Aviation — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 30 days condoned; order dated 6th May 2025 of the Prothonotary and Senior Master dismissing Writ Petition (L) No.5347 of 2022 set aside and the Writ Petition restored to the file of the Court; 1st Registry objection (dated 24th February 2022) regarding Power of Attorney/Authority Letter/Board Resolution of the erstwhile developer dispensed with; remaining office objections, if any, to be removed within two weeks failing which the Writ Petition shall stand dismissed; interim orders in the Writ Petition restored; no order as to costs.

Issue for consideration

Whether the delay of 30 days should be condoned and the Writ Petition (L) No.5347 of 2022 restored to the file of this Court after its dismissal for non-removal of office objections. +1 more

Court's answer

The Court set aside the Order dated 6th May 2025 passed by the Prothonotary and Senior Master dismissing the Writ Petition for non-removal of office objection, thereby condoning the 30-day delay sought in the Application and restoring the Writ Petition to the file of this Court.

Ratio / Principle

The Court dispensed with the 1st objection raised by the Registry on 24th February 2022 regarding furnishing the Power of Attorney/Authority Letter/Board Resolution of the erstwhile developer.

Key takeaways

All other office objections, if any, were directed to be removed by the Advocates for the Petitioners within a period of two weeks, failing which the Writ Petition shall stand dismissed without further reference to the Court.ratio¶¶22
Since the Writ Petition stands restored, any interim orders previously passed in the Writ Petition are also restored.ratio¶¶22

Detailed headnote1 paragraphs

Bombay High Court (Coram: B. P. Colabawalla & Firdosh P. Pooniwalla, JJ.; per curiam), order dated 24 July 2025 in I.A. No.3089 of 2025 in Writ Petition (L) No.5347 of 2022 — D.N.Nagar Sai Krupa Co-operative Housing Society Ltd. v. Union of India & Ors.: The Court, for the reasons stated in the Application, condoned a 30-day delay, set aside the order dated 6th May 2025 passed by the Prothonotary and Senior Master dismissing the Writ Petition for non-removal of office objection, and restored the Writ Petition to the file of this Court. It further dispensed with the 1st Registry objection dated 24th February 2022 regarding furnishing of the Power of Attorney/Authority Letter/Board Resolution of the erstwhile developer, whose services had been terminated by the Society and who had been deleted as Petitioner No.2. Remaining office objections, if any, were to be removed within two weeks, failing which the Writ Petition would stand dismissed without further reference to the Court; interim orders in the Writ Petition stood restored. Interim Application disposed of with no order as to costs.

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Digitally signed by TRUSHA TRUSHA TUSHAR TUSHAR MOHITE MOHITE Date: 2025.07.25 15:21:42 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO.3089 OF 2025 IN WRIT PETITION (L) NO.5347 OF 2022

D.N.Nagar Sai Krupa Co-operative Housing Society Ltd. .. Applicant

In the matter between

D.N.Nagar Sai Krupa Co-operative Housing Society Ltd. .. Petitioner

Versus

Union of India, through the Secretary, Ministry of Civil Aviation and Ors.

.. Respondents

Mr.Nishant Chothani a/w Ms.Sneha Patil i/b M/s.Maniar Srivastava Associates,Advocate for the Petitioner.

Mr.Y.R.Mishra a/w Mr.Upendra Lokegaonkar a/w Mr.Sachidanand T. Singh, Advocate for the Respondent No.1.

Mr.Ajay G. Khaire, Advocate for the Respondent Nos.2 to 4.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: JULY 24, 2025

P. C.

The above Interim Application is filed seeking a condonation of

delay of 30 days and to restore the above Writ Petition to the file of this

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Court. The other relief sought is to dispense with the 1^st objection raised by the Registry regarding furnishing the Power of Attorney/Authority Letter/Board Resolution of the erstwhile developer and whose services have now been terminated by the Society and consequently, the Developer has been deleted as Petitioner No.2 in the above Writ Petition.

Having heard the learned counsel for the parties, and for the reasons stated in the Application, we set aside the Order dated 6^th May 2025 passed by the Prothonotary and Senior Master dismissing the above Writ Petition for non-removal of office objection and restore the above Writ Petition to the file of this Court. We also dispense with the 1^st objection raised by the Registry on 24^th February 2022. As far as all other office objections are concerned, the Advocates for the Petitioners shall remove the same, if any, within a period of two weeks from today, failing which the above Writ Petition shall stand dismissed without further reference to the Court. It is needless to clarify that since the Writ Petition is restored, any interim orders passed in the Writ Petition shall also be restored.

Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

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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.]

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