Bombay High Court
Blue Diamond Construction Company And ... vs Slum Rehabilitation Authority And 6 Ors on 19 November, 2018
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
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psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L.) NO.3434 OF 2018
Blue Diamond Construction Company & Anr. ..Petitioners
Vs.
Slum Rehabilitation Authority & Ors. ..Respondents
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Mr.Shiraz Rustomjee, Senior Advocate, with Mr.Rohan Cama, Mr.Shreya
Parikh i/b. Mr.Vishal Shriyan for Petitioners.
Mr.Vijay Patil for Respondent Nos.1 to 3 & 7.
Mr.Suyash Gadre with Mr.Chetan Mhatre i/b. M/s.Utangale & Co. for
Respondent No.4-MHADA.
Mr.Darius Khambata, Senior Advocate, with Mr.Ashish Kamath,
Mr.Subir Kumar, Mr.Sagar Shetty and Mr.Zeghan Mehta i/b. Mr.Subir
Kumar for Respondent No.6.
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CORAM : G.S. KULKARNI, J.
DATE : 19th NOVEMBER, 2018
P.C.:
Not on board. Taken on board on a praecipe as moved on behalf
of the petitioners.
2. Heard Mr.Rustomji, learned Senior Counsel for the petitioners,
Mr.Patil, learned Counsel for the SRA, and Mr.Khambata, learned Senior
Counsel for respondent No.6.
3. The urgent application today is on the premise that the SRA has
issued a notice dated 5th November 2018 whereby a General Body
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Meeting of the societies is convened on 22 nd November 2018 for the
following agenda:-
"1. Deciding the name of the proposed society.
2. Election of the Chief Promoter of the proposed society.
3. Selection of the developer of the proposed society.
4. Selection of architect of the proposed society."
4. Mr.Rustomji, learned Senior Counsel for the petitioners, submits
that the said meeting is required to be stayed till the petition is heard for
admission. It is submitted that holding of the meeting would create
further complications and would aggravate the issues in the facts of the
case. Mr.Rustomji would contend that the impugned order passed by
the Apex Grievance Redressal Commitee/Respondent No.7 is patently
illegal and the petitioners have good chances of succeeding in the
present petition and therefore, the ad-interim relief as prayed today be
granted.
5. On the other hand, Mr.Khambata, learned Senior Counsel for
respondent No.6, would oppose the submission as made on behalf of the
petitioners. Mr.Khambata would submit that no prejudice would be
caused to the petitioners, if the meeting is held and the reservations are
passed. His submission is that the petitioners are already suffering
termination and whatever may happen in the meeting would obviously
be subject to the further orders which will be passed in the petition.
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6. Mr.Patil, learned Counsel for the SRA, would also support the
submission as made by Mr.Khambata, learned Senior Counsel for the
Respondent No.6.
7. Having heard learned Counsel for the parties and having perused
the record, in my considered opinion, interest of justice would be served
by the following order, which would be without prejudice to the rights
and contentions of the parties:-
ORDER
i. The SRA shall conduct the meeting as scheduled. ii. The votes of the persons who are occupying mezzanine floor and/or who are stated to be ineligible, shall be kept separately. iii. Any decision taken in the meeting shall not be implemented and/or given any effect, till the Court so orders by further orders to be passed in this petition;
iv. None of the parties shall claim any equity on the basis of the proceedings of the meeting, on any count.
v. All contentions of the parties are expressly kept open.
8. List this petition for admission on 29 th November 2018. In the meantime, parties to complete the pleadings.
Parties to act on an authenticated copy of this order.
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