M/S. Madhoor Buildwell Private Limited v. Tasasildar Shahpur And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1627 OF 2021 IN WRIT PETITION NO.3508 OF 2021 M/s Madhoor Buildwell Pvt. Ltd.
... Applicants.
IN THE MATTER BETWEEN:
M/s Madhoor Buildwell Pvt. Ltd.
.... Petitioners.
Versus
Tahasildar, Shahapur & Ors.
...
Respondents.
.....
Mr.R.D.Soni i/b Ram & Co. for applicant.
Mr.V.S. Gokhale for State.
.....
CORAM
: K. K. TATED & PRITHVIRAJ K.CHAVAN, JJ.
DATE : 29 JULY, 2021.
P.C. :- 1.
Heard learned Counsel for parties.
2.
By this application, the applicant is seeking restoration of writ petition no.3508/2021 which stands dismissed in view of conditional order dated 31st March 2021.
Chitra Sonawane 1 / 3
3.
Learned Counsel for the applicant submits that this Court by order dated 31st March 2021 directed the petitioner to remove all office objections on or before 16th April 2021 failing which writ petition shall stand dismissed without further reference to the Court. He submits that inadvertently it remained on their part to remove office objections because of holidays. He submits that applicant undertake to remove office objections within two weeks from today. He submits that in the interest of justice, this Court be pleased to allow the application. He submits that if application is not allowed, irreparable loss and injury will be caused to them. He further submits that they have good chance of success in the petition.
4.
On the other hand, learned AGP appearing for State, vehemently opposed the application. He submits that there is no substance in the present application.
5.
We heard both the sides at length. Considering the submissions made by the learned Counsel for applicant and the averments made in the interim application, we satisfy that applicant has made out a case for allowing this interim application. Hence, following order is passed. CHITRA SANJAY SONAWANE CHITRA SANJAY SONAWANE Date: 2021.07.31 16:11:54 +0530 Chitra Sonawane 2 / 3
a) Writ petition No.3508 of 2021 is restored.
b) Applicant to remove all office objections as per order dated 31.03.2021 on or before 13th August 2021. c) Interim relief granted by order dated 3rd February 2021 to continue till next date in writ petition.
d) Interim application stands disposed of accordingly. e) No order as to costs.
(PRITHVIRAJ K.CHAVAN ) ( K.K. TATED, J. ) Chitra Sonawane 3 / 3