Bombay High Court
Sunder Nagar Siddesh Co-Operative ... vs A.A. Estate Pvt Ltd And 3 Ors on 25 January, 2021
Author: A. K. Menon
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (LODGING) NO.7335 OF 2020
IN
COMMERCIAL SUIT NO.597 OF 2017
Sunder Nagar Siddesh CHSL. ... Applicant-Plaintiff
V/s.
A.A. Estate Pvt. Ltd. & Ors. ... Defendants
ALONG WITH
INTERIM APPLICATION (LODGING) NO.807 OF 2021
IN
COMMERCIAL SUIT NO.597 OF 2017
Address Welfare Association ... Applicant
In the matter between
Sunder Nagar Siddesh CHSL. ... Plaintiff
V/s.
A.A. Estate Pvt. Ltd. & Ors. ... Defendants
AND
INTERIM APPLICATION (LODGING) NO.809 OF 2021
IN
COMMERCIAL SUIT NO.597 OF 2017
Sunder Nagar Co-op. Housing Societies
Union Ltd. ... Applicant
In the matter between
Sunder Nagar Siddesh CHSL. ... Plaintiff
V/s.
A.A. Estate Pvt. Ltd. & Ors. ... Defendants
Mr. Tushar Gujjar, i/by Solicis Lex, for the Plaintiff.
Mr. Uzair Z. Kazi, with Ms. Ankita Sharma, i/by YMK Legal, for the Intervenor
in IAL/7335/2020.
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Dixit
Mr. Mohit Advani, i/by Mr. Pranav Khatkul, for the Intervenor in
IAL/807/2021.
Mr. A. Patel, i/by Ms. Dipashri Raorane, for Defendant No.1.
Ms. Sharmila Deshmukh for Defendant No.2-MHADA.
Mr. Sagar Patil for Defendant Nos.3 and 4-MCGM.
CORAM : A. K. MENON, J.
DATED : 25TH JANUARY 2021.
P.C. :
1. Called for ad-interim reliefs.
2. The plaintiff seeks certain mandatory orders of handing over possession of the suit plot. This is sought to be contested by defendant nos.1 and 2. Defendant no.2, which is the Mumbai Housing and Area Development Board, is yet to file report. Ms. Deshmukh, learned counsel for defendant no.2 seeks time.
3. On behalf of the Interveners, whose applications are also listed, the relief sought is being opposed. The property involves about 11 co-operative housing societies. Some construction is yet to take place. MHADA's affidavit will therefore be crucial to ascertain the factual basis of this application.
4. Accordingly, at the request of Ms. Deshmukh, time to file affidavit on behalf of defendant no.2 is extended upto 8 th February 2021. Rejoinder, if any, to be filed on or before 15th February 2021.
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5. In the meantime, replies to IAL/807/2021 and IAL/809/2021 to be filed within one week from today. No rejoinder shall be filed without leave of the court.
(A. K. MENON, J.)
Sneha Digitally signed
by Sneha A. Dixit
A. Dixit Date: 2021.01.27
16:44:35 +0530
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