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M/S. Central Government Employees Consumer Co-Op. Society Ltd. v. Mumbai Housing And Area Development Board And ORS.

2015-02-09Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka1 pages

wp-1379.15.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1379 OF 2015 M/s. Central Government Employees Consumer Co-op. Society Ltd.

Petitioners Vs.

Mumbai Housing & Area Development Board & Ors. Respondents Mr. Rajesh S. Patil, for Petitioner.

CORAM:

A.S.OKA & A.K. MENON, JJ.

DATE:

9th FEBRUARY, 2015 P.C.:- Not on board. Taken on board.

.

Heard the learned counsel appearing for the Petitioner. The Petitioner has invoked Articles 226 and 227 of the Constitution of India. The entire cause of action for filing this Petition has arisen in Mumbai. He submits that the impugned notice dated 23rd June, 2014 is an order passed by a Quasi-Judicial authority and, therefore, Article 227 can be invoked. After perusing the order/notice dated 23rd June 2014, we find that the order impugned is not passed by a Quasi-Judicial authority. Therefore, only Article 226 of the Constitution of India can be invoked. In the circumstances, we transfer the Petition to the Original Side of this Court. Petitioner to carry out consequential amendments. (A.K. MENON, J.) (A.S.OKA, J.)