M/S. Moulabux Qureshi And Co. And ORS v. The State Of Maharashtra Through The Office Of Govt. Pleader And ORS

1 902. WP 2908-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2908 OF 2016 M/s Moulabux Qureshi and Co. & Ors.

... Petitioners Vs.

The State of Maharashtra and Ors.

... Respondents ----- Ms. Shreya Mehta i/b Solicis Lex for the Petitioners Mr. Sachin Kankal, AGP for respondents no. 1 to 4. Mr. Bharat Joshi for respondent no.5.

----- CORAM: ABHAY AHUJA J.

DATE : 23rd DECEMBER 2022 P.C. :

1.

When the matter was listed on 20th December, 2022, the following order came to be passed:- "1. After the matter is heard for sometime, both the learned counsel for the petitioners and learned counsel for the respondent no. 2-society agree that the dispute between them can be amicably settled. The parties seek some time to revert on the same.

2. List on 23rd December, 2022. (High on Board)." 2.

Today when the matter is called out, learned counsel for the petitioners and learned counsel for respondent no.5-society state Digitally signed by NIKITA YOGESH GADGIL Date:

2022.12.23 16:53:41 +0530 NIKITA YOGESH GADGIL

2 902. WP 2908-16.odt that some progress has been made towards the amicable settlement in the matter. Mr. Joshi, learned counsel for the respondent no.5society would submit that barring some settlement on accounts, there is no real dispute that remains between the society and the petitioners.

3.

Let the accounts of the pending maintenance charges be furnished by the petitioners to the respondent no. 5-society, within a period of four weeks. Let the respondent no. 5-society consider the same within a further period of two weeks and let the petitioners and the respondent no. 5-society to sit together within a period of two weeks thereafter, so that the pending disputes can be resolved expeditiously.

4.

Mr. Joshi, learned counsel for respondent no.5-society, on instructions, states that as soon as the accounts are settled and the petitioners make payment of the outstanding maintenance charges to the society, within a period of two weeks thereafter, the respondent no. 5-society will admit all 16 flat occupiers as members of the society. Mr. Joshi further states, on instructions, that the respondent no.5-society would also co-operate with the petitioners

3 902. WP 2908-16.odt in the construction of the proposed 'C' wing, subject to mutual understanding between the parties.

5.

Writ petition stands disposed of in the above terms. No costs. (ABHAY AHUJA, J.)