Prashant Basrur v. Brig P. S. Tandon And ORS

osk 7-caw-2065-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2065 OF 2019 IN WRIT PETITION NO. 8666 OF 2016 Prashant Basrur ...

Applicant V/s.

Brig. P.S. Tandon & Ors.

...

Respondents ----- Ms.Mamta Shah a/w. Mr.Ajay Panicker i/b. Ajay Law Associates for Applicant.

Mr.R.S. Gandhe i/b. Mr.A.S. Desai for Respondent Nos.1 to 8. Ms.M.S. Bane, AGP for the State.

CORAM : A.S. GADKARI, J.

DATE : 5th September 2019.

P.C. :

1] This is an application for impleading the applicant as petitioner No.4 in the array of the petitioners. 2] Learned counsel for the petitioners submitted that, the petitioner No.1, Mr. Birg. P.S. Tandon is no more and the other two petitioners are aged persons and therefore, it is difficult for the Advocate on record to take the instructions from the said persons. She further submitted that, the applicant was the original complainant before the Deputy Registrar, Co-operative Societies (MHADA) and therefore, with a 1/2

osk 7-caw-2065-2019.odt view to pursue the present Petition, the applicant may be permitted to be impleaded himself in the array of the petitioners. 3] The record indicates that, against the Order dated 15th September 2015 passed by the Deputy Registrar, Co-operative Societies (MHADA), Mumbai, a substantive Revision was filed by the aggrieved persons including the Co-operative Society herein bearing Revision Application No. 358 of 2015 before the Divisional Joint Registrar, Cooperative Societies, Mumbai. The applicant was not party to the said proceedings. The record further indicates that, the applicant did not file an application for impleading himself in the said Revision Application. 4] May that as it may, as the other two petitioners are pursuing the Petition diligently, this Court is of the view that, the impleadment of the applicant herein as petitioner No.4, at this stage, is not necessary. The other two petitioners are permitted to delete the petitioner No.1 from the array of the Petition. 5] In view thereof, the Application is disposed off. [A.S. GADKARI, J.] 2/2