Alj Residency Co-Operative Housing Society Ltd v. The State Of Maharashtra And ORS

32-ia4367-2023 in wp406-2018 with ia4366-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4367 OF 2023 IN WRIT PETITION NO.406 OF 2018 WITH INTERIM APPLICATION NO.4366 OF 2023 Digitally signed by ATUL GANESH KULKARNI Date:

2024.04.02 15:48:42 +0530 ATUL GANESH KULKARNI ALJ Residency Coop. Hsg. Soc. Ltd.

... Applicant V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Mayur Khandeparkar WITH Mr. Tushar Gujjar AND Mr. Deep Madnani i/by SL Partners for the petitioner/applicant.

Mrs. M.S. Srivastava, AGP for respondent Nos.1 & 2/State.

Mr. Ebrahim Abdullah Khan, respondent No.3 and Mr.Majhar Mukarab Khan, respondent No.6 are present in-person.

CORAM :AMIT BORKAR, J.

DATED :APRIL 2, 2024 P.C.:

1.

For the reasons mentioned therein, Interim Application No.4367 of 2023 is allowed in terms of prayer clause (a). 2.

Necessary amendment to delete respondent No.5 be carried out within one week from today.

3.

Despite earlier attempts made by the applicant/petitioner,

32-ia4367-2023 in wp406-2018 with ia4366-2023.doc respondents, owner and developer are unserved. 4.

Respondent Nos. 3 and 6 are present in Court. Respondent No.6 states that he will provide addresses of respondent Nos.7 to 15 to the learned advocate for the petitioner/applicant within seven days from today.

5.

The petitioner/applicant shall take necessary steps to serve respondent Nos.7 to 15 on the addresses supplied by respondent No.6 within two weeks from today.

6.

In addition, Interim Application No.4366 of 2023 seeking substituted service by publication is allowed in terms of prayer clause (a).

7.

The petitioner/application shall take necessary steps to serve respondents by public notice and the proof of service be produced on the next date.

8.

Both the interim applications stand disposed of in above terms. No costs.

9.

List the writ petition on 17 April 2024.

(AMIT BORKAR, J.)