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Bombay High CourtCAW/293/2018disposed off

Sankalp Heights Co-Operative Housing Society Ltd v. Sushant Govindrao Thakre And ORS

2018-03-16Hon'Ble Shri Justice R.D. Dhanuka2 pages

905-caw293-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.293 OF 2018 IN WRIT PETITION NO.8676 OF 2014 Sankalp Heights Co-op. Hsg. Soc. Ltd.

...Applicant V/s.

Sushant G. Thakre & Ors.

...Respondents

Mr.Sandeep D. Shinde for the Applicant.

Mr.S.R. Ghanawat i/b Mr.V.S. Talkute for the Respondent Nos.1 and 2.

Mr.S.H. Kankal, A.G.P. for the State - Respondent No.6. CORAM : R.D. DHANUKA, J.

DATE : 16TH MARCH, 2018.

P.C. :- 1.

Learned counsel appearing for the applicant prays that the order dated 12th April, 2017 passed by the learned Registrar (JudicialI) be set aside and undertakes to remove all the office objections within one week from today. The undertaking is accepted. Learned counsel for the respondents have filed the affidavit in reply. 2.

For the reasons recorded in the civil application, the order dated 12th April, 2017 passed by the learned Registrar (Judicial-I) is set aside on the condition that the applicant removes all the office 1/2

905-caw293-18 objections within one week from today. It is made clear that no further extension would be granted. If all the office objections are not removed within one week from today, the order passed by this Court today to stand vacated without further reference to the Court. The civil application is allowed in aforesaid terms. No order as to costs. 3.

If the office has construed the order dated 12th April, 2017 as if the petition is dismissed against all the respondents, it is made clear that by an order dated 12th April, 2017, the learned Registrar (Judicial-I) has dismissed the petition only against the respondent no.6 and not against all the respondents. If any such endorsement is made by the office, the same stands set aside. 4.

The interim order which was in force on the date of dismissal of the order passed by the learned Registrar (Judicial-I) stands restored.

(R.D. DHANUKA, J.) 2/2