Pravin Dwarkadas Mavani v. Damodar Bhavan Co. Op. Housing Society Limited And ORS

14.770.17-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.770/2017 IN WRIT PETITION NO.797/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Atul Damle, Senior Advocate i/b. Atul S. Singh for the applicant Mrs. Vaishali Nimbalkar, AGP for the respondent Nos.2 and 3.

CORAM : K. K. TATED, J.

DATE : JULY 3, 2017 P.C.:

1.

Heard. Though the respondents are duly served none appeared for them.

2.

This application is made by the petitioner for carrying out appropriate amendment in admitted Writ Petition. The applicant placed on record the subsequent development. He submits that during pendency of the Writ Petition, the respondent society moved an application u/s.101 of the Maharashtra Cooperative Societies Act, 1960 for further maintenance charges, which was allowed by order dated 25.10.2016.

3.

The learned senior counsel for the applicant submits that the issue involved in the petition is also for recovery of the maintenance charges and Basavraj G Patil 1/2

14.770.17-caw society charges.

4.

Considering the submissions made by the learned counsel for the petitioner and the earlier order passed by this court, I am of the opinion that the applicant has made out a case for allowing the Civil Application.

5.

Hence, following order is passed:

a.

The applicant is permitted to carry out appropriate amendment as per schedule annexed to the Civil Application within three weeks from today.

b.

If amendment is not carried out within stipulated time as stated hereinabove, the Civil Application shall stand dismissed without further reference to the court.

c.

If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the Writ Petition, if any, on the Advocate for the Respondents within two weeks from today.

d.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2