Bombay High Court
Venkatesh Bhavan Chsl And 2 Ors vs The Municipal Corporation Of Gr.Mumbai ... on 22 August, 2023
Author: G.S. Patel
Bench: G.S. Patel
926-OSWP-653-2021.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 653 OF 2021
WITH
INTERIM APPLICATION NO. 3063 OF 2022
IN
WRIT PETITION NO. 653 OF 2021
Venkatesh Bhavan CHSL & Ors ...Petitioners
Versus
The Municipal Corporation of Greater Mumbai ...Respondents
& Ors
Mr SM Gorwadkar, Senior Advocate, for Petitioner No.1.
Mr VY Sanglikar, i/b Vaishali Ugale, for the Applicant in
IA/3063/2022.
Mr Girish Godbole, Senior Advocate, with Vandana Mahadik, for
the MCGM.
Mr BM Chatterjee, Senior Advocate, i/b Ranit Basu, for
Respondents Nos. 4 to 6.
Mr Anil K Lulla, for Respondent No.7.
ARUN CORAM G.S. Patel &
RAMCHANDRA
SANKPAL Kamal Khata, JJ.
Digitally signed by ARUN DATED: 22nd August 2023 RAMCHANDRA SANKPAL Date: 2023.08.23 PC:-
11:02:01 +0530
1. The three Petitioners are the Society and two individuals.Page 1 of 4
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2. On 1st August 2023, the Division Bench of Sunil B Shukre and Rajesh S Patil JJ passed the following order.
"1. We have heard this matter for some time. Learned Senior Advocate appearing for Petitioner No.1 society submits that today, the Managing Committee of the Petitioner No.1 society has been superseded by an authorized officer appointed to administer the affairs of the Petitioner No.1 society. He further submits that he has received written instructions from the Administrator of Petitioner No.1 society to withdraw this Petition and therefore, he is seeking leave of the Court.
2. However, there is opposition to the withdrawal of this Petition being made on behalf of Petitioner Nos.2 and
3. We also find that Petitioner Nos. 2 and 3 have even made an Intervention Application being Interim Application NO.3063 of 2022, wherein at least three prayers have been made. Of course, for redressal of the grievance, as reflected in those prayers, Petitioner Nos. 2 and 3 would also be at liberty to pursue their cause independently and that issue can be worked out later. But, today, the position is that this Petition is filed not only by the Co-operative Housing Society but also by two other Petitioners, out of whom only one Petitioner seeks to withdraw the Petition while other two Petitioners have not asked for the same.
3. In order to resolve the issue, we inquired with the learned advocate for Petitioner Nos. 2 and 3 about the authority under which this Petition has been filed. However, we could not come across any such authority given by the Co-operative Housing Society to file this Petition on behalf of the Co-operative Housing Society by Petitioner Nos. 2 and 3. Considering the prayer made by the Society for withdrawal of the Petition, we find it necessary now to go into the aspect of source under which this Petition came to be filed. It there is any resolution passed by the Managing Page 2 of 4 22nd August 2023 ::: Uploaded on - 23/08/2023 ::: Downloaded on - 24/08/2023 02:52:15 ::: 926-OSWP-653-2021.DOC Committee of the Petitioner No.1 society or General Body of Petitioner No.1 authorizing the Petitioners to file this Petition, the same be placed on record by the party in whose possession such authority may be. If the authority cannot be placed on record by any of the parties, another question regarding maintainability of this Petition itself may arise. We therefore, request the concerned parties to seek instructions in the matter and place on record the resolution or any other authority authorizing the Petitioners to file this Petition.
4. Leave to file additional affidavit and reply is granted to the parties. Stand over to 22nd August, 2023."
3. Mr Gorwadkar, learned Senior Advocate states that the 1st Petitioner is under administratorship and he appears for the Administrator. Thus, in his submission, Petitioners Nos. 2 and 3, whatever may have been their capacity as Honorary Treasurer or Committee Member, no longer have a right to continue as such or as Petitioners Nos. 2 and 3.
4. There is not the slightest possibility of having two separate vakalatnamas and two separate Counsel appearing for three Petitioners simultaneously. Our Rules do not contemplate any such thing. This means that Petitioners Nos. 2 and 3 will have to be transposed as Respondents Nos. 8 and 9 and Mr Sanglikar's vakalatnama will have to be now substituted as being the advocate on record for Respondents Nos. 8 and 9. That amendment is to be carried out on or before 25th August 2023 without need of reverification.
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5. A copy of the amended cause title is to be served on the Advocates for all concerned.
6. List the matter for further orders on 11th September 2023.
7. The Additional Affidavit on behalf of the Administrator is to be filed in the Registry.
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