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Bombay High CourtWP/1724/2016dismissed

Smt. Aasha Jashwant Shah v. The Walkeshwar Chandanbala Co.Op. Hsg. Soc. Ltd. Through Chairman/Secretary And ORS

2017-12-07Hon'Ble Shri Justice G.S. Patel2 pages

925-ASWP17242016.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1724 OF 2016 Aasha Jashwant Shah

...Petitioner

Versus

The Walkeshwar Chandanbala Co-op Hsg Soc Ltd & Ors

...Respondents

Mr Rajendra K Yadav, for the Petitioner.

Mr Mandar Soman, a/w MR GC Mohanty, i/b Mohanty & Associates, for the Respondent No. 1.

CORAM: G.S. PATEL, J DATED:

7th December 2017 PC:- 1.

Mr Yadav for the Petitioner strenuously contends that since the 'break up' of the society repairs was not given to the Petitioner despite repeated requests, the Petitioner 'could not' make payments. It is not, however, explained what nexus the 'break up' of repairs has to do with the Petitioner's liability to make payment. 2.

Therefore, after some further arguments, Mr Yadav seeks leave to withdraw the Writ Petition. The Writ Petition is dismissed as withdrawn.

7th December 2017

925-ASWP17242016.DOC 3.

The statement made on behalf of the petitioner that she will pay the society dues and charges regularly and punctually is accepted as undertaking to the Court. All arrears will be cleared by 25th January 2018.

(G. S. PATEL, J) 7th December 2017