Garden Health Resorts And Pvt Ltd v. The Board Of Trustees Of The Port Of Mumbai

34-ia-909-2024@ia-17999-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.909 OF 2024 IN WRIT PETITION NO.4541 OF 2010 Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.01.30 22:46:34 +0530 Garden Health Resorts & Pvt. Ltd.

... Applicant In the matter between The Board of Trustees of the Port of Mumbai ... Petitioner V/s.

Garden Health Resorts & Pvt. Ltd.

... Respondent SHABNOOR AYUB PATHAN WITH INTERIM APPLICATION NO.17999 OF 2023 IN WRIT PETITION NO.4541 OF 2010 The Board of Trustees of the Port of Mumbai ... Applicant V/s.

Garden Health Resorts & Pvt. Ltd.

... Respondent Mr. Rohan Cama a/w Ms. Smita Dune & Mr. P. Chaudhary i/by Mr. Arshil Ajay Shah, for Applicant. Mr. Sanjay D. Rayrikar, AGP, for State/Respondent. Mr. Roop Basu a/w Mr. Ahmed Padela i/by The Law Point, for Petitioner.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 30, 2024

34-ia-909-2024@ia-17999-2023.doc P.C.:

1.

The Interim Application No.909 of 2024 filed for recalling of order dated 9 January 2024 passed in Interim Application No.1799 of 2023.

2.

According to the review petitioner, clause (2) of order dated 9 January 2024 may be interpreted to mean direction of delivery of possession of property in dispute.

3.

Therefore, it is clarified that the respondent shall remain in possession of property in dispute till decision of the present writ petition.

4.

With this clarification, both the interim applications stand disposed of.

(AMIT BORKAR, J.)