Kuber Kartik New Link Road Premises Co-Operative Society Ltd. vs Shri Krishna Premises Co-Operative Society Ltd. — Bombay HC (2025) — LawSathi Research

Kuber Kartik New Link Road Premises Co-Operative Society Ltd. vs Shri Krishna Premises Co-Operative Society Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory admission-stage order: notice ordered to be issued to all respondents (notice waived by counsel for respondents 1, 2 and 3), returnable on 24th November 2024 as printed; liberty to serve privately with affidavit of service; leave granted to amend the petition to additionally assail the executed and registered conveyance, amendment to be carried out within one week. No final adjudication on the framed questions.

Issue for consideration

Whether the Competent Authority could have passed the impugned order by way of Corrigendum to a certificate of unilateral deemed conveyance initially granted by an order dated 29th November 2021. +1 more

Ratio / Principle

Notice directed to be issued to the respondents, returnable on 24th November (continuation page prints the year as '2024', reproduced as printed despite inconsistency with the 2025 dates elsewhere in the order); learned counsel for respondents 1, 2 and 3 waived notice.

Key takeaways

Leave granted to the petitioner to amend the writ petition so as to assail the conveyance executed and registered pursuant to the impugned order, in addition to the impugned order itself.ratio¶10
The necessary amendment consequent upon the leave granted is to be carried out within a period of one week.ratio¶11

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (N.J. Jamadar, J.), Writ Petition No. 13181 of 2025, order dated 10 November 2025: Kuber Kartik New Link Road Premises Co-operative Society Ltd. v. Shri Krishna Premises Co-operative Society Ltd. and others. The Court records that arguable questions arise (i) whether the Competent Authority could have passed the impugned order by way of Corrigendum to a certificate of unilateral deemed conveyance initially granted by order dated 29th November 2021, and (ii) whether the impugned order falls within the ambit of procedural review or substantive review. Notice was ordered to the respondents, returnable on 24th November (year printed as 2024 on the continuation page), with waivers by counsel for respondents 1 to 3. Counsel for respondent no. 1 submitted that pursuant to the impugned order a conveyance had already been executed and registered; on that basis leave was granted to the petitioner to amend the petition so as to assail the conveyance as well, the amendment to be carried out within one week. No statute or precedent was cited or discussed in this interlocutory order; no final view was expressed on the framed questions.

Varsha

27-wp-13181-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 13181 OF 2025

Kuber Kartik New Link Road ... Petitioner Premises Co-operative Society Ltd. V/s.

Shri Krishna Premises Co-operative ... Respondents Society Ltd and Ors.

Mr. Vishal Kanade with Vishaka Bhatia, for petitioner.

Mr. Amogh Singh i/by Shadab Khan, for the respondent no. 1. Ms. Divya Parab, for the respondent no. 2. Ms. Savina Crasto, AGP for respondent no. 3.

Digitally signed by VARSHA VARSHA DEEPAK DEEPAK GAIKWAD GAIKWAD Date: 2025.11.12 18:26:04 +0530

CORAM : N.J. JAMADAR, J. DATED : 10TH NOVEMBER 2025

P.C:

Heard the learned counsel for the parties.

Arguable questions as to whether the Competent Authority could

have passed the impugned order by way of Corrigendum to a certificate of unilateral deemed conveyance initially granted by an order dated 29^th November 2021 and whether the impugned order falls within the ambit of procedural review or substantive review, may warrant consideration.

Issue notice to the respondents, returnable on 24^th November

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27-wp-13181-2025.doc

Varsha

Mr. Amogh Singh, the learned counsel waives notice to respondent no. 1.

Ms. Divya Parab, the learned counsel waives notice to respondent

no. 2.

Learned AGP waives notice to respondent no. 3/State.

In addition to notice through Court, the petitioner is at liberty to serve the respondents by private service and file an affidavit of service.

Mr. Singh, learned counsel for the respondent no. 1, on instructions, submits that pursuant to the impugned order a conveyance has already been executed and registered.

In view of aforesaid submission, Mr. Kanade, the learned counsel for the petitioner, seeks leave to amend the petition so as to assail the conveyance as well.

Leave granted.

Necessary amendment be carried out within a period of one

week.

( N.J. JAMADAR, J)

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