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Bombay High CourtIA/2047/2020dismissed

Mrs. Madhuri Tambe (Ex- Secretary) And ORS v. Mrs. Shylaja Vijayan And ORS

2020-10-21Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 17 IAST2047.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST.) NO. 2047 OF 2020 IN WRIT PETITION NO . 11866 OF 2019 Madhuri Tambe (Ex-Secretary) and ors.

.....Applicants In the matter between :- Shylaja Vijayan ....Petitioner v/s.

Madhuri Tambe (Ex-Secretary) and ors.

......Respondents Ms. Sadhna Kumar i/b. Naveen Kumar for the Applicants in IA. Mr. Mathews Nedumpara i/b. Ms. Rohini Amin for the Petitioner. Ms. M.S. Bane, AGP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATE : 21st OCTOBER, 2020 P. C. :- .

The Applicants herein have prayed for vacating the status quo granted in Interim Application No.1/2020 by order dated 06/01/2020. Paragraph 6 of the order dated 06/01/2020 reads thus :- " After hearing learned counsel for the parties and on due consideration, status-quo as on today as regards functioning of the Applicant/ Petitioner as Administrator of Gaurav City E-2 Co-operative Housing Society Ltd., shall be maintained. "

2.

Learned counsel for the Petitioner states that the said order was obtained by misrepresentation. She is not been able to point out from the records, that the order has been obtained by fraud or 1/2

P.H. Jayani 17 IAST2047.2020.doc misrepresentation. The order sought to be vacated is an adinterim order. The Applicants are given an opportunity to fle the reply and the question whether the ad-interim relief needs to be extended, confrmed or vacated, will be decided on merits after considering the reply and hearing the respective parties. There is no merit in the Application. Hence, the Application is dismissed. 3.

Respondents to fle their afdavit-in-reply in the main Petition within a period of two weeks from today with a copy to the other side. Rejoinder, if any, to be fled within a week thereafter. 4.

Main Petition to be listed for admission on 02nd December, 2020.

5.

Personal Assistant of this Court. All concerned will act on Preeti H.

Jayani Preeti H. Jayani Date: 2020.10.22 17:26:06 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 2/2