Mehul Shah vs Zeus Residency Association and 7 Ors. — Bombay HC (2025) — LawSathi Research

Mehul Shah vs Zeus Residency Association and 7 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave granted to the Petitioner to withdraw Writ Petition No.122 of 2024 unconditionally, subject to payment of Rs.25,000/- cost to the High Court Employees Medical Welfare Fund, Mumbai, within one week from the date of uploading of the Order; Interim Application No.875 of 2025 disposed of as not surviving.

Issue for consideration

Whether the Petitioner should be permitted to withdraw Writ Petition No.122 of 2024 unconditionally, and on what terms as to costs.

Court's answer

Petitioner is permitted to withdraw the Writ Petition unconditionally, subject to payment of Rs.25,000/- cost to the High Court Employees Medical Welfare Fund, Mumbai, within one week from the date of uploading of the Order, as undertaken to the Court.

Ratio / Principle

In view of the disposal of the Writ Petition, Interim Application No.875 of 2025 does not survive and is disposed of accordingly.

Key takeaways

The Court observed that the Petition as drafted and presented was not in accordance with basic principles of law and practice, and expressed displeasure at the manner of its presentation.obiter¶1

Detailed headnote1 paragraphs

HIGH COURT OF BOMBAY (O.O.C.J.) — Writ Petition No.122 of 2024, Zeus Residency Association v. The State of Maharashtra & Ors. (with Interim Application No.875 of 2025) — Coram: A.S. Gadkari & Kamal Khata, JJ. — Decided 4 April 2025. The Bench observed that the Petition as drafted and presented was not in accordance with basic principles of law and practice and had been listed the previous day when the Court expressed displeasure at its presentation. Counsel for the Petitioner conceded serious lapses on the part of the draftsman and sought leave to withdraw the Petition unconditionally, offering Rs.25,000/- as cost to the High Court Employees Medical Welfare Fund, Mumbai, payable within one week of upload of the Order; the statement was accepted as an undertaking to the Court. Subject to payment of the cost, withdrawal was permitted unconditionally. In view of the disposal of the Writ Petition, the Interim Application was held not to survive and was disposed of. No merits adjudicated; no statute or precedent cited.

sns 1-oswp-122-2024+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.122 OF 2024

Zeus Residency Association … Petitioner.

V/s.

The State of Maharashtra & Ors. … Respondents.

WITH INTERIM APPLICATION NO.875 OF 2025

IN

WRIT PETITION NO.122 OF 2024

Mr. A.M. Saraogi for the Petitioner.

Mr. R.B. Mokashi for the Intervenor in IA.

Mr. Abhay L. Patki, Addl. G.P. a/w. Ms. Poonam Mittal, AGP, for No.1 Respondent-State.

Ms. Pushpa Yadav i/by Adv. K.H. Mastakar for Respondent No.2-BMC. Mr. Jagdish G. Aradwad (Reddy) for Respondent No.3-SRA.

Mr. Ramesh Ramamurthy a/w. Adv. Saikumar Ramamurthy, Adv. Seema Sorte for Respondent Nos.4 & 5.

Mr. Roop M. Vasudeo i/by Adv. Priyanka Rane for Respondent No.6.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 4^th April, 2025.

P.C.:-

The Petition as drafted and presented before this Court is not

as per the basic principles of law and practice. Present Petition was listed on

board for hearing yesterday when we expressed our displeasure about the manner in which the Petition is presented before this Court.

Today Mr. Sarogi, learned Advocate for the Petitioner fairly conceded to the fact that, there are certain serious lapses on the part of the draftsman of the Petition however he requested this Court to take a lenient

Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 2025.04.08 10:50:15 +0530

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sns 1-oswp-122-2024+.doc

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2.1) Mr. Saraogi therefore seeks leave to withdraw this Petition unconditionally.

2.2) He however fairly submitted before this Court that, for the inconvenience caused to the Court, the Petitioner will pay a cost of Rs.25,000/- to the High Court Employees Medical Welfare Fund at Mumbai within a period of one week from the date of uploading of the present Order on the official website of High Court, Mumbai. The said statement is accepted as an undertaking given to this Court.

2.3) The Bank Account details are as follows:

Account Name	Bank Name & Branch	Account No.	IFSC Code
The High Court Employees	Bank of India, Mumbai (Main)	000120110001337	BKID0000001
Medical Welfare Fund	Branch

Subject to payment of costs to the said Welfare Fund within the

stipulated period as noted above, Petitioner is permitted to withdraw Petition unconditionally.

In view of the disposal of the Writ Petition, Interim Application does not survive and same is accordingly disposed off.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

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