Bombay High Court
M/S J K Builders And 3 Ors vs Vimalchand Champalal Mehta And 12 ... on 15 July, 2022
Author: M. G. Sewlikar
Bench: R.D. Dhanuka, M. G. Sewlikar
2-4wp394-17.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
VASANT WRIT PETITION NO.394 OF 2017
ANANDRAO
IDHOL
Digitally signed by
VASANT
ANANDRAO
Vimalchand C. Mehta & Ors. ...Petitioners
IDHOL
Date: 2022.07.20
V/s.
12:26:37 +0530
The Maharashtra Housing & Area
Development Authority (MHADA) & Ors. ...Respondents
WITH
NOTICE OF MOTION NO.370 OF 2019
WITH
REVIEW PETITION NO.30 OF 2021
IN
WRIT PETITION NO.394 OF 2017
WITH
INTERIM APPLICATION (L) NO.6928 OF 2022
IN
WRIT PETITION NO.394 OF 2017
WITH
INTERIM APPLICATION (L) NO.6494 OF 2022
IN
WRIT PETITION NO.394 OF 2017
WITH
INTERIM APPLICATION (L) NO.24489 OF 2021
IN
WRIT PETITION NO.394 OF 2017
WITH
INTERIM APPLICATION (L) NO.31279 OF 2021
IN
WRIT PETITION NO.394 OF 2017
WITH
TPAC (L) NO.18780 OF 2021
IN
WRIT PETITION NO.394 OF 2017
WITH
NOTICE OF MOTION NO.264 OF 2018
IN
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2-4wp394-17.doc
WRIT PETITION NO.394 OF 2017
WITH
INTERIM APPLICATION NO.452 OF 2020
IN
WRIT PETITION NO.394 OF 2017
WITH
NOTICE OF MOTION NO.370 OF 2019
IN
WRIT PETITION NO.394 OF 2017
WITH
WRIT PETITION NO.800 OF 2019
WITH
NOTICE OF MOTION NO.369 OF 2019
IN
WRIT PETITION NO.800 OF 2019
WITH
REVIEW PETITION NO.29 OF 2021
IN
WRIT PETITION NO.800 OF 2019
WITH
INTERIM APPLICATION (L) NO.6490 OF 2022
IN
WRIT PETITION NO.800 OF 2019
WITH
INTERIM APPLICATION (L) NO.30179 OF 2021
IN
WRIT PETITION NO.800 OF 2019
WITH
INTERIM APPLICATION (L) NO.24481 OF 2021
IN
WRIT PETITION NO.800 OF 2019
WITH
INTERIM APPLICATION (L) NO.6933 OF 2022
IN
WRIT PETITION NO.800 OF 2019
WITH
NOTICE OF MOTION NO.369 OF 2019
IN
WRIT PETITION NO.800 OF 2019
WITH
WRIT PETITION NO.3047 OF 2019
WITH
INTERIM APPLICATION (L) NO.6935 OF 2022
IN
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2-4wp394-17.doc
WRIT PETITION NO.3047 OF 2019
WITH
INTERIM APPLICATION (L) NO.24490 OF 2021
IN
WRIT PETITION NO.3047 OF 2019
WITH
INTERIM APPLICATION (L) NO.30318 OF 2021
IN
WRIT PETITION NO.3047 OF 2019
WITH
INTERIM APPLICATION (L) NO.6492 OF 2022
IN
WRIT PETITION NO.3047 OF 2019
WITH
INTERIM APPLICATION (L) NO.5299 OF 2022
IN
WRIT PETITION NO.3047 OF 2019
WITH
INTERIM APPLICATION NO.1843 OF 2021
IN
WRIT PETITION NO.3047 OF 2019
AND
INTERIM APPLICATION NO.1481 OF 2021
IN
WRIT PETITION NO.3047 OF 2019
Mr.Ish Jain with Mr.Nipesh Jain i/b M/s.Kiran Jain & Co. for the
Petitioners.
Ms.Padmaja Malgaonkar i/b Ms.Manisha Jagtap for the Respondents
- MHADA.
Ms.Prerana Dhoke i/b Mr.P.G. Lad for Respondent - MHADA in RPW
No.29 of 2021.
Mr.Jitesh Jogani, Representative of the Respondent Nos.5 to 8
present in Court.
Ms.Madhuri More for the Respondent - MCGM.
Ms.Rucha Ambekar, Section Officer, from the office of Court
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2-4wp394-17.doc
Receiver, Bombay present.
CORAM : R.D. DHANUKA &
M. G. SEWLIKAR, JJ.
DATE : 15TH JULY, 2022. P.C. :-
1. Mr.Jitesh Jogani appears in person and seeks two weeks time to submit a without prejudice proposal for completion of construction of the balance portion of rehab building and for payment of rent. A copy of such proposal shall be served upon the learned counsel for the petitioners simultaneously. Time is granted as prayed. It is made clear that no further extension of time would be granted. The petitioners are directed to consider the said proposal and to make counter proposal to the respondent nos.5 to 8 within one week thereafter. The representative of the respondent nos.5 to 8 states that pursuant to the order passed by this Court, the Court Receiver has taken formal possession of the property in view of the respondent no.7 having committed a default in depositing the amount of Rs.2 crores in this Court. Section Officer from the office of Court Receiver tenders site report for perusal of this Court. The report is taken on record.
2. Place the Interim Application (Lodging) No.22609 of 2022 along with the review petition filed by the respondent no.7 on board and other connected matters on 26th August, 2022. The respondent 4/5 2-4wp394-17.doc no.7 is permitted to file affidavit in reply to the interim application filed by the petitioners within two weeks from today with a copy to be served upon the petitioners' advocate simultaneously. Rejoinder, if any, shall be filed within one week thereafter.
3. It is made clear that the order passed by this Court is without prejudice to the rights and contentions of all the parties.
(M.G. SEWLIKAR, J.) (R.D. DHANUKA, J.)
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