Pradeep S. Pillai v. Indrapurit Cooperative Housing Society Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai WRIT PETITION NO. 15139 OF 2023 Pradeep S. Pillai ...

Petitioner Vs.

Indrapuri Co-operative ...

Respondent Housing Society Ltd.

Mr. Mandar Limaye a/w. Mr. Sandesh Deshpande for the Petitioner. Mr. Girish R. Agrawal i/b. Ms. Naina P. Boraste for the Respondent. CORAM : GAURI GODSE, J.

DATE :

28th FEBRUARY 2024 P.C.

1.

Learned counsel for the petitioner submits that the general body of respondent-society has passed a fresh resolution on 18th February 2024. Hence, it will be necessary for the petitioner to file a fresh appropriate application for interim relief in the pending dispute before the Co-operative Court.

2.

In view of the subsequent development, learned counsel for the petitioner on instructions of the petitioner seeks leave to withdraw this Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2024.03.20 10:46:00 +0530 1/3 RAJESHWARI RAMESH PILLAI

petition with liberty to file a fresh application for interim relief in the dispute and also file application for amendment in the dispute. Learned counsel further submits that the petitioners right be protected for a limited period in the event respondent no. 1 - society intends to execute a development agreement pursuant to the aforesaid resolution.

3.

In view of the subsequent events as stated above, petitioner is granted leave to withdraw this petition with liberty to file a fresh application for interim relief as well as application for amendment of the dispute.

4.

To enable the petitioner to file appropriate applications before the Co-operative Court, in the event respondent no. 1 - society decides to execute development agreement, the same will not be executed without two weeks prior intimation in writing to the petitioner. 5.

In view of the aforesaid, petitioner is granted leave to withdraw this petition with liberty as stated above.

6.

It is clarified that if any fresh application is filed as stated above the Co-operative Court shall decide the application on its own merits 2/3

and uninfluenced by the order impugned in this petition. 7.

Writ Petition is disposed of with liberty as recorded above. 8.

It is also clarified that I have not examined the rival contentions of the parties on merits, hence all contentions of the parties are kept open.

[GAURI GODSE, J.] 3/3