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Bombay High CourtIA/2449/2023allowed

Sanket Janardhan Bhase And ORS v. New Millenium India Property Developers Private Limited And ORS

2023-03-20Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION No. 2449 OF 2023 IN WRIT PETITION No.11473 OF 2022 Sanket Janardhan Bhase & Ors.

...Applicants VAISHALI ANIL TIKAM In the matter between:

New Millenium India Property by VAISHALI ANIL TIKAM Date:

2023.03.31 10:38:13 +0530 Developers Pvt. Ltd. & Ors.

...Petitioners

Vs.

Maharashtra Industrial Development Corp. and Ors.

...Respondents

Mr. Y.S. Jahagirdar- Senior Advocate a/w. Ms. Vishakha Sane a/w.Mr. Rohit Dangre i/by Mr. Jayesh Joshi Advocate for the Applicants in IA/2449/2023 Mr. Rahul Narichania, Senior Advocate i/by Mr. Pranav Tackur, Advocates for the Respondents (Original Petitioners) Mr. Anil Y. Sakhare, Senior Advocate a/w. Ms. Shyamali Gadre a/w. Ms. Harshita Bhanushali i/by Little & Co. for Respondent No.1 M.I.D.C. in WP/114732022 and CP/682/2022 Mrs. M.S. Bane-AGP for Respondent Nos.2, 3 and 4- State. CORAM:- R.D. DHANUKA & GAURI GODSE, JJ.

DATE :- 20 MARCH, 2023.

Tikam page 1 of 3

P. C.:

1.

By this Interim Application, the Applicants seek intervention or impleadment as party Respondents in Writ Petition.

2.

We have heard learned counsel for the parties and we have perused the averments made in the Interim Application and the Affidavit in Reply filed by the Respondents (Original Petitioners in WP 11473 of 2022). The Applicants claim certain rights in respect of part of the writ property in respect of which the Petitioners have prayed for certain reliefs.

3.

In our view, if any order is passed in favour of the Petitioners in the Writ Petition, the Applicants in the Intervention Application would be seriously affected. We have thus, allowed the Applicants to interfere in the Writ Petition and to make submissions.

4.

We accordingly direct the Petitioners to implead the Applicants as Party Respondents. Leave to amend is granted to implead the Applicants as party Respondents in the Writ Petition. Amendment to be carried out forthwith. Tikam page 2 of 3

Reverification is dispensed with.

5.

Interim Application is accordingly allowed and disposed of in the aforesaid terms.

(GAURI GODSE, J.) ( R.D.DHANUKA, J. ) Tikam page 3 of 3