Pushikaraj -2 Co-Op Hsg Society Ltd, Through Its Secretary v. The State Of Maharashtra And ORS.

904-wp634-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.634 OF 2024 Pushkaraj-2 Cooperative Housing Society Ltd., through its Secretary ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2024.01.24 17:30:12 +0530 ATUL GANESH KULKARNI Dr. Abhinav Chandrachud with Mr. M.V. Thorat i/by Mr. M.V. Thorat for the petitioner.

Mr. P.G. Sawant, AGP for respondent Nos.1 to 3/State. Mr. M.P. Vashi with Mr. Saurabh R. Chitnis i/by Milind Nar for respondent No.4.

Mr. Vishal Kanade i/by Mr. Nilesh Pandey for respondent No.6.

CORAM :AMIT BORKAR, J.

DATED :JANUARY 24, 2024 P.C.:

1.

Learned senior advocate, on instructions of respondent No.4 who is personally present in Court, states that respondent No.4 intends to adopt remedy under Section 91 against the resolution of the General Body based on which new developer was appointed. 2.

He, on instructions, therefore, states that he be permitted to withdraw the revision application with liberty to adopt remedy under Section 91.

3.

Since respondent No.4 has withdrawn the revision application, order dated 1 January 2024 passed by respondent

904-wp634-2024.doc No.2 which is impugned in the present writ petition no longer survives and the same is set aside.

4.

Respondent No.4 is permitted to adopt all remedies which are available in law.

5.

All contentions of both parties are kept open. 6.

The writ petition accordingly stands disposed of. (AMIT BORKAR, J.)