Bombay High Court
Bhaskar Ramkrishna Thakur vs Eshan Dattaprasad Chs Ltd. on 22 April, 2026
Author: Amit Borkar
Bench: Amit Borkar
903-wp5489-2026.doc
MPBalekar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5489 OF 2026
Bhaskar Ramkrishna Thakur and Ors. ... Petitioners
V/s.
Eshan Dattaprasad CHS Ltd. ... Respondent
Mr. A.R. Gole for the petitioners.
CORAM : AMIT BORKAR, J.
DATED : APRIL 22, 2026 P.C.:
1. Issue notice to the respondents, returnable on 9 June 2026.
2. Prima facie, it appears that the interpretation made by this Court in the case of Dadar Avanti Co-operative Housing Society Ltd. Vs. Municipal Corporation of Greater Bombay and others , reported in (2003) 2 Mh.L.J 914, has not been considered. In the said judgment, this Court interpreted the expression "separate access" in the context of a nursing home. The said judgment lays down parameters to decide to interpret similar regulations. In the absence of such consideration, the Appellate Court appears to have allowed the appeal.
3. Hence, until further orders, there shall be ad interim relief in terms of prayer clauses (b) & (c).
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