City And Industrial Development Corporation Of Maharashtra Ltd. And ANR. v. Airoli Co-Operative Housing Society And ANR.

ash caw-1096.14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1096 OF 2014 IN WRIT PETITION NO. 4325 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri A.M. Kulkarni along with Shri Sarthak Diwan for the applicants. Shri vijay Kumar Aggarwal for the Original Petitioners. Mrs. M.P. Thakur, AGP for the State.

Shri A.A. Garge for Respondent No.5.

- CORAM :

A.S. OKA & REVATI MOHITE DERE, JJ DATED : 18TH JUNE 2015 P.C.:

.

Heard learned counsel appearing for the Applicants. He seeks time to take instructions. On 22nd April 2015, time was sought by the Applicants to take instructions. Today time is sought on the ground that the officer of the first Applicant who had instructed the Advocate to draft this Application is no more in the service of the first Applicant. This is no ground for adjournment.

ash caw-1096.14 2.

What is pleaded in the Application was available to the Applicants on 27th March 2012 and, therefore, the modification of the order dated 27th March 2012 cannot be sought nearly 11 months after the said order is passed. It is not the case made out by the Applicants that subsequent to the order dated 27th March 2012, the Petitioners in the Writ Petition have committed any breaches or there are subsequent events. Therefore, there is no reason to entertain this Application and the same is accordingly rejected.

(RE`VATI MOHITE DERE, J) (A.S.OKA, J)