Mrs. Alpana Sanjay Kolhatkar And ORS. v. Mr. Vijay Kumar Gone And ORS.

WP10701_16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10701 OF 2016 Alpana Sanjay Kolhatkar and others ...

Petitioners Vs.

Vijay Kumar Gone and others ...

Respondents Mr. Jayesh M. Joshi for Petitioners.

CORAM : R. G. KETKAR, J.

DATE :

JUNE 6, 2018 P.C. :

Heard Mr. Joshi, learned Counsel for the petitioners at length. 2.

Mr. Joshi invited my attention to the order dated 16.03.2017 passed by this Court (Coram: N. M. Jamdar, J.). He submitted that the application made by petitioners under Section 24 of the Maharashtra Rent Control Act, 1999 (for short 'Act') was dismissed in default on 20.07.2015. The petitioner, therefore, filed application on 30.10.2015 at exhibit-I (page 61) for setting aside order dated 20.07.2015 thereby restoring Case No.96 of 2012. He submitted that by order dated 16.03.2017, this Court directed the Competent Authority to decide the application, if not already disposed of. He submitted that as the application at exhibit-I (page 61) is not in proper format, petitioner has filed fresh application for setting aside order dated 20.07.2015 and for restoration of Case No.96 of 2012. He has tendered copy of that application, which is taken on record and marked 'X' for identification. 3.

In view thereof, this Petition can conveniently be disposed of by directing the Competent Authority to decide the fresh application filed by the petitioners for setting aside order dated 20.07.2015 and for restoration of Case No.96 of 2012, within four weeks from production 1/2

WP10701_16.doc of the authenticated copy of this order, if not already disposed of. Petition is disposed of accordingly.

4.

All parties, including the Competent Authority, to act upon the authenticated copy of this order. Order accordingly. (R. G. KETKAR, J.) Minal Parab 2/2