Smt. Maniben Virji Solanki v. The Municipal Employees Shamim Chs Ltd And ORS

WPST-18598-14.doc 15.06.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.18598 OF 2014 Smt. Maniben Virji Solanki .. Petitioner

Versus

The Municipal Employees Shamin CHS Ltd.

and others .. Respondents Mr. P. Y. Shankar, for the Petitioner.

Mr. N. Modi i/by M/s. Rustomji & Ginwala, for the Respondent No.1. CORAM : R.M. SAVANT, J.

DATE : 15th JUNE, 2015 P.C.

1.

The order dated 27.06.2014 passed by the Maharashtra State Co-operative Appellate Court, Mumbai, thereby allowing the Appeal filed by the Respondent No.1 herein and modifying the order dated 18.12.2012 passed below Exh.5 by the Co-operative Court, Mumbai is taken exception to by way of the above Petition. Having regard to the directions which are contained in the operative part of the impugned order, the Petitioner's interest in so far as the permanent alternate accommodation is concerned and the benefits which flow from it can be said to be protected. In my view, therefore, the impugned order does not warrant any interference at the hands of this Court in its Writ Jurisdiction under Article 227 of the BGP.

WPST-18598-14.doc 15.06.2015 Constitution of India. The Writ Petition is accordingly dismissed. Needless to state that the dispute in question would be tried on its own merits and in accordance with law.

[R.M. SAVANT, J] BGP.