Bombay High Court
Navjivan Cooperative Housing Society ... vs Navjivan Commercial Premises ... on 7 September, 2023
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
937-wp-2249-1997+.doc
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2249 OF 1997
Navjivan Commercial Premises Co-operative Society ...Petitioner
Versus
Navjivan Co-operative Housing Society & Ors. ...Respondents
WITH
INTERIM APPLICATION NO.19704 OF 2022
Navjivan Co-operative Housing Society & Ors. ...Applicant
Versus
Navjivan Commercial Premises Co-operative Society ...Respondents
WITH
CIVIL APPLICATION NO. 1222 OF 1998
IN
WRIT PETITION NO.2249 OF 1997
Suresh L. Kalro ...Applicant
Versus
Navjivan Commercial Premises Co-operative Society &
Ors. ...Respondents
WITH
CIVIL APPLICATION NO. 1271 OF 1998
IN
WRIT PETITION NO.2249 OF 1997
Navjivan Commercial Premises Co-operative Society ...Applicant
Versus
Navjivan Co-operative Housing Society ...Respondent
WITH
CIVIL APPLICATION NO. 4026 OF 1999
IN
WRIT PETITION NO.2249 OF 1997
1/3
937-wp-2249-1997+.doc
Sonali
Navjivan Commercial Premises Co-operative Society ...Applicant
Versus
Navjivan Co-operative Housing Society & Ors. ...Respondents
WITH
CIVIL APPLICATION NO. 236 OF 2008
IN
WRIT PETITION NO.2249 OF 1997
Navjivan Co-operative Housing Society Ltd. & Anr. ...Applicant
Versus
Navjivan Commercial Premises Co-operative Society ...Respondents
Mr. Karl Shroff a/w. Mr. Mitesh Naik and Mr. Ronak Shah I/b. Dhru
& Co., for the Petitioner in WP/2249/1997.
Mr. Rohit Jain and Ms. Neha R. Doshi i/b. Legal Juris, for
Respondent No.1.
Mr. P. G. Sawant, AGP, for the State.
CORAM : MADHAV J. JAMDAR, J.
DATED : 7th SEPTEMBER 2023 P.C. :
1. By order dated 9th June 2023 passed by learned Single Judge in Interim Application No.3650 of 2022 in Writ Petition No.2249 of 1997, the Respondent No.1- Navjivan Co-operative Housing Society has been allowed to withdraw Rs.19,00,000/-
deposited by the Navjivan Commercial Premises Co-operative 2/3 937-wp-2249-1997+.doc Sonali Society. However, it thereafter transpired that said amount of Rs.19,00,000/- is deposited in terms of order passed in Contempt Petition No.318 of 2010. Accordingly, the learned counsel appearing for the Respondent No.1 has moved praecipe dated 4th September 2023 seeking appropriate directions to the Registry of this Court. Learned counsel appearing for the Petitioner i.e. Navjivan Commercial Premises Co-operative Society has no objection if said amount of Rs.19,00,000/- along with accrued interest deposited in this Court pursuant to order passed in said Contempt Petition is allowed to be withdrawn by the Respondent No.1-Navjivan Co-operative Housing Society. Accordingly, order dated 9th June 2023 is modified to above extent.
2. List the Writ Petition No.2249 of 1997 in the final hearing board commencing from 9th October 2023.
[MADHAV J. JAMDAR, J.] 3/3 Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 08/09/2023 17:51:42