Bombay High Court
Thane Municipal Corporation Through ... vs Shree Bahubali Jain Charity Trust And 6 ... on 19 January, 2023
Author: M.M.Sathaye
Bench: R. D. Dhanuka, M.M.Sathaye
Yugandhara Patil
6-IA(L)-2090-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 2090 OF 2022
WITH
INTERIM APPLICATION (L) NO. 38520 OF 2022
IN
WRIT PETITION NO. 2532 OF 2014
Thane Municipal Corporation ... Applicant
IN THE MATTER BETWEEN
Bahubali Jain Charity Trust And 6 Ors ... Petitioner
Versus
State of Maharashtra and Ors. ... Respondents
*****
Mr. Ram Apte, Senior Advocate and Mr. Narayan P Bubna, Mr. Harshad Nahata, Ms. Dhanshree Bhate for the Applicant in IA No. 2090 of 2022.
Mr. Suhas Oak and Mr. Pranil Sonawane for the Applicant in IA 18469 of 2022.
Mr. Karl Tamboly and Ms. Alya Khan, Ms. Jenifer Mogrelia i/b M/s Vashi and Vashi for the Petitioner. Mr. Manish Upadhye, AGP for the Respondent Nos. 1 to 5.
****** CORAM: R. D. DHANUKA AND M.M.SATHAYE JJ.
DATE : 19th JANUARY, 2023 P.C. :-
1. Mr. Tamboli, learned counsel for the Petitioner tendered a 1 /3 ::: Uploaded on - 20/01/2023 ::: Downloaded on - 20/01/2023 19:13:23 ::: Yugandhara Patil 6-IA(L)-2090-2022.doc draft amendment for replacing Petitioner No. 2, who seems to be Trustee of the present Trust.
2. Leave to amend is granted in terms of the draft amendment.
Re-verification is dispensed with. Amendment to be carried out within one week from today. Amendment shall also be carried out in the copies supplied to the Respondents and in the pending Interim Applications.
3. If the parties proposed to file any Affidavit-in-Reply, Office to accept same within two weeks from today.
4. Applicant seeks an order and direction against the Petitioner to hand over possession of the writ property to the applicant for implementing reservation as mentioned in the Notification dated 15 th December 2016 subject to outcome of this petition.
2. Mr. Tamboli, learned counsel for the Petitioner seeks time to file Affidavit-in-Reply to this Interim Application.
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3. Affidavit-in-Reply to be filed within two weeks from today and shall serve copy of the same to the Applicant's Advocate simultaneously. Rejoinder, if any, to be filed within one week thereafter.
4. Place the Interim Applications alongwith Writ Petition for hearing on 16th February 2023.
[M.M.SATHAYE,J.] [R. D. DHANUKA, J.] 3 /3 ::: Uploaded on - 20/01/2023 ::: Downloaded on - 20/01/2023 19:13:23 :::