M/S. Yash Promoters And Builders Through Its Proprietor, Shri. Ashok Katariya v. Yash Platinum Co-Operative Housing Society Ltd. Through Tushar Salunke And ORS

Deshmane prod.1.wp.6952-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6952 OF 2015 M/s. Yash Promoters and builders ..Petitioner

Versus

Yash Platinum Co-operative Housing Society Ltd. and others.

..Respondents ....

Ms. Manjiri S. Parasnis, Advocate for the Petitioner. Mr. S.M. Railkar, Advocate for Respondent No.1. Mrs. M.P. Thakur, AGP, for Respondent Nos.2 to 4. ....

CORAM : A.S. OKA, AND A.R. JOSHI, JJ.

DATE : 21st AUGUST, 2015 P.C.

1.

Not on board. Taken on board.

2.

Heard learned Counsel appearing for the petitioner, learned Counsel appearing for the first respondent and learned AGP for second to fourth respondents.

3.

Learned AGP has produced on record a letter dated 29th July, 2015 addressed to her by the Additional Secretary of Department of Cooperation of the State Government. It is stated that the appeal, a copy of which is annexed as Exhibit-I to the Petition, has been numbered as Appeal NO.533 of 2014 and the same is pending. It is stated that the appeal will be 1 / 2

prod.1.wp.6952-15.doc disposed of within a period of three months from today. 4.

In view of these statements in the letter, learned Counsel appearing for the petitioner states that the petitioner does not intend to apply for any interim relief in the appeal as of today. We accept the said statements. Hence, we dispose of the Petition by passing following order :

:: O R D E R ::

(i) We direct the State Government to decide the appeal No.533 of 2014 (exhibit-I to the Petition) as expeditiously as possible and in any event within a period of three months from today. All contentions on merits are kept open. (ii) Needless to state that the notice of the date fixed for hearing of the appeal shall be served by the appellate authority to the first respondent along with a copy of the appeal compilation.

(iii) Petition is disposed of in above terms. (iv) All concerned to act upon an authenticated copy of this order.

(A. R. JOSHI, J.) (A. S. OKA, J.) 2 / 2