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Bombay High CourtCAW/402/2015disposed off

M/S Sagar Developers v. Mr. Vilas Rajaram Haldankar

2015-02-16Hon'Ble Shri Justice M.S. Sonak2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 402 OF 2015 IN WRIT PETITION NO. 11564 OF 2014 Vilas Rajaram Haldankar ... Petitioner

Versus

The State of Maharasthra and Ors.

... Respondents And Sagar Developers ... Applicant Mr. A.G. Damle, Sr. Advocate i/by Rupesh Lanjekar for the applicant. Mr. P.S. Cardoza, A.G.P. For respondent nos. 1, 2 and 4. Mr. Nikhil Chavan i/by Vijay Patil for respondent no.3 . CORAM : M.S. SONAK, J.

DATED : February 16, 2015 P.C.

Not on board. Upon production taken on board. Mr. Damle, learned senior counsel for the applicant submits that the motion for impleadment was made on 12th February, 2015 in the presence of the learned counsel for the petitioner, when the matter was on the board

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p10-caw-402.15.sxw for consideration. On the said date the learned counsel for the petitioner submitted that the Civil Application for seeking intervention needs to be taken out before any motion for intervention/impleadment is taken into consideration.

Present civil application seeks impleadment. Mr. Damle submits that notice has been served upon the petitioner as well as advocate informing them that the matter has been mentioned today for consideration. Mr. Damle also placed on record necessary acknowledgement in support of service. Mr. Damle points out that the impugned order was made on the basis of the application made by the applicant. In this view of the matter, Civil Application is made absolute in terms of prayer clause (a). Petitioner to carry out necessary amendments within the period of one week. This Civil Application is disposed of. However, it is clarified that the prayer for vacation of status quo order dated 22nd December, 2014 shall be considered separately in the main petition. (M.S. Sonak,J.)