Mrs. Indubai Pandurang Dongre Through Poa, Mr. Jayant Lunawat And ORS v. Bharti Niwas Co-Op. Hsg. Society Ltd. Through Its Chairman/Secretary

WPST-16373-15.doc 03.08.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.16373 OF 2015 Mrs. Indubai Pandurang Dongre and others .. Petitioners

Versus

Bharti Niwas Co-op. Hsg. Society Ltd.

.. Respondent Mr. P. S. Dani, Senior Advocate a/w Mr. Saket Mone i/by Vidhi Partners, for the Petitioners.

Mr. S. A. Rajeshirke, for the Respondent.

CORAM : R.M. SAVANT, J.

DATE : 3rd AUGUST, 2015 P.C.

1.

There are concurrent orders passed by the Court's below in favour of the Respondent and against the Petitioners granting injunction in respect of the 3rd and 4th floors. In my view, having regard to the reasons mentioned in the order passed by the Co-operative Court as confirmed by the Co-operative Appellate Court which reasons revolve around the legality of the 3rd and 4th floor on the touchstone of the FSI available, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. However, having regard to the nature of the controversy involved, it would be just and proper to direct the expeditious disposal of Dispute No.189 of 2006. The hearing of the BGP.

WPST-16373-15.doc 03.08.2015 said dispute is accordingly expedited and is directed to be disposed of by 28.02.2016. Needless to state that the dispute would be heard and decided on its own merits and in accordance with law uninfluenced by the order impugned in the present Petition.

[R.M. SAVANT, J] BGP.