Jeena And Company Pvt. Ltd. Thr. Authorised Manish Bhojwani And ANR v. The State Of Maha. Thr. Sec. Urban Development Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11531 OF 2022 WITH INTERIM APPLICATION (ST)NO.27177 OF 2022 Jeena & Company Pvt. Ltd. through its Authorized representative Manish Bhojwani & Anr.

.. Petitioners v/s.

The State of Maharashtra & Ors.

.. Respondents Mr. Sagar A. Rane for the applicants/petitioners. Mr. Akshay Shinde for respondent nos.2 & 3.

Mr. Sunil Gangan i/b. RMG Law Associates for respondent no.5. Mr. Ankit Dhindale for respondent nos.6 to 14. Mr. Manish Bhojwani, Manager, (Legal & Secretarial) Authorized representative of petitioner no.1-present.

CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATED : 11TH NOVEMBER, 2022.

P.C. :

1. By the interim application, the applicant seeks modification of the order dated 27 th September, 2022 insofar as the permission Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.11.14 10:50:25 +0530 SANDHYA BHAGU WADHWA 1/3

granted by this Court to the petitioners to shift the material on or before 7 th November, 2022 without fail and to handover the vacant possession to respondent nos.4 to 15 is concerned.

2. It is the case of the applicants that they are not in a position to comply with the directions issued in paragraph 4 of the order dated 27 th September, 2022 at this stage and would comply with the said order on or before 30 th November, 2022.

3. Learned counsel for respondent nos.5 to 14 have no objection if the time is extended as prayed with the request not to grant any further extension. Statement is accepted.

4. It is made clear that no further extension of time would be granted to comply with the order dated 27 th September, 2022.

5. Interim Application is accordingly made absolute in terms of prayer clause (a) with this clarification.

6. The impugned notice dated 14 th September, 2022 accordingly shall not be implemented till 30 th November, 2022.

7. Interim Application is disposed off in the aforesaid terms.

8. It is made clear that if the possession is not handed over on or before 30 th November, 2022 in compliance of paragraph 4 of the 2/3

order dated 27 th September, 2022, granted by this Court, the notice shall be implemented by the authority thereafter forthwith.

9. It is made clear that by this order and by order dated 27 th September, 2022, this Court has not decided the rights of respondent nos.5 to 14 to challenge the impugned notice issued by the authority. If any proceedings are filed by those respondents challenging the impugned notice, the same shall be decided by the appropriate Court in accordance with law. 10.

In view of the above, no further orders are required in the writ petition and the writ petition is disposed off accordingly. 11.

Parties to act on the authenticated copy of this order. (KAMAL KHATA, J.) (R.D.DHANUKA, J.) 3/3