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Supreme Court - Daily Orders

The Ruby Emerald Diamond Park ... vs Guru Dileep Mazgoankar . on 27 April, 2018

Bench: Adarsh Kumar Goel, Deepak Gupta

                                                  1

     ITEM NO.4                           COURT NO.9                SECTION IX

                              S U P R E M E C O U R T O F       I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)               No(s).    34835/2015

     (Arising out of impugned final judgment and order dated 17-07-2015
     in AAO No. 828/2015 passed by the High Court Of Judicature At
     Bombay)

     THE RUBY EMERALD DIAMOND PARK COOPERATIVE HOUSING SOCIETY
     LTD.THROUGH ITS SECRETARY & ORS.                 Petitioner(s)

                                                 VERSUS

     GURU DILEEP MAZGOANKAR . & ORS.                    Respondent(s)
     (IA      No.92910/2017-INTERVENTION     APPLICATION      and      IA
     No.92912/2017-EXEMPTION        FROM       FILING        O.T.
     ref cts order dated 15.12.2017, matter to be listed after a week.
     )
     Date : 27-04-2018 These matters were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
                         HON'BLE MR. JUSTICE DEEPAK GUPTA

     For Petitioner(s)             Mr.   Navaniti Prasad Singh,Sr.Adv.
                                   Mr.   Chetan Alai,Adv.
                                   Mr.   Vedant Singh,Adv.
                                   Mr.   Karad L.,Adv.
                                   Mr.   Satyajit A.Desai,Adv.
                                   Mr.   Mehmood Umar Faruqui,Adv.
                                   Ms.   Anagha S. Desai, AOR

     For Respondent(s)             Mr. Jayant Bhushan,Sr.Adv.
                                   Mr. Shivaji M. Jadhav,Adv.
                                   Mr. Brij Kishor Sah,Adv.
                                   Ms. Astha Deep,Adv.
                                   Mr. Nicholas Choudhury,Adv.
                                   M/S. S.M. Jadhav And Company, AOR

                                   Mr.   Braj K. Mishra,Adv.
                                   Mr.   Vijay Kumar,Adv.
                                   Ms.   Shireen Khan,Adv.
                                   Ms.   Aparna Jha,Adv.
Signature Not Verified


                                   Mr. Rajesh K. Singh,Adv.
Digitally signed by
MADHU BALA
Date: 2018.04.28
11:46:44 IST
Reason:                            Mr. Nishant R. Katneshwarkar,Adv.
                                  2

          UPON hearing the counsel the Court made the following
                             O R D E R

Heard learned counsel for the parties. We find from the order of the Deputy Registrar that the common facilities belonging to the undivided colony will be shared by all the members.

In view of above, we do not find any ground to interfere with the impugned order. We make it clear that the common facilities will be open to be used by all the members of three colonies viz. Ruby, Emerald and Diamond as directed in the order of the Deputy Registrar.

The special leave petition is, accordingly,disposed of.

Pending applications including application for intervention shall also stand disposed of.

(MADHU BALA)                                   (SUMAN JAIN)
COURT MASTER (SH)                               BRANCH OFFICER