M/S. Uran Shipyard Private Limited v. Mohanbhai Khanchandani And ORS

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.605 OF 2017 IN CIVIL WRIT PETITION NO.2900 OF 2009 M/s.Uran Shipyard Private Limited ...Applicant

IN THE MATTER BETWEEN

Mohanbhai Khanchandani

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr.K.S.Patil, for the Applicant.

Ms.Archana Khan, for the Petitioner.

Mr.C.D.Mali, A.G.P for the Respondent Nos.1 to 3. CORAM : REVATI MOHITE DERE, J.

DATE : 16th OCTOBER, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

Learned Counsel for the Applicant, on instructions, only presses for prayer clause (a), which reads as under:- a.

Pending the hearing and final disposal of this Writ Petition, the Petitioner, his agents, servants and anybody on his behalf be

1/3 restrained from selling and/or alienating or creating any third party interest in respect of the said flat i.e. Flat No.B-3, situated at Neel Shantiniketan CHS Ltd."

3.

Learned Counsel for the Applicant submits that the applicant is apprehending that pending the final disposal of the Writ Petition, the Petitioner is likely to sell and/or create any third party interest in respect of the said flat i.e. Flat No.B-3, situated at Neel Shantiniketan CHS Ltd. 4.

The Writ Petition has already been admitted by this Court vide order dated 23rd July, 2009.

5.

Learned Counsel for the Petitioner states that the Petitioner is not going to sell the premises nor he is going to create any third party interest in respect of Flat No.B-3, situated at Neel Shantiniketan CHS Ltd. Statement accepted.

6.

Since the issue in the main Petition concerns the aforesaid Flat i.e. Flat No.B-3, situated at Neel Shantiniketan CHS Ltd., and its ownership, the Application is allowed in terms of prayer clause (a).

2/3 7.

Application is accordingly disposed of.

8.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)