Shiv Co-Op. Housing Society Ltd. v. Dr. Vijay Mohan Lal Bhatt

CAW 1370-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1370 OF 2016 IN WRIT PETITION NO. 3512 OF 1999 Shiv Co-operative Housing Society Ltd.

.. Applicant In the matter of:

Dr. Vijay Mohan Lal Bhatt .. Petitioner V/s Haresh Desai & Ors.

.. Respondents Mr. Javeed Hussein i/b Hussein & Co. for the applicant. Mr. S.D. Rayrikar, A.G.P. for respondent nos.2 to 4. CORAM: D.H. WAGHELA, CJ.

DATE : 22nd JULY 2016 P.C.:

This civil application is filed for substituting the original petitioner by the present applicant on the ground that the original petitioner was an occupant of the cooperative society, of which he was member and secretary at the time of filing of the writ petition, but by now he has sold the premises and may have lost the locus standi to pursue the matter on behalf of the cooperative society. 2.

The respondents are served and by a special notice even the original petitioner is served with a copy of the present ABS

CAW 1370-2016 application. No one has raised any objection to the present application or to the applicant substituting as the Secretary of Shiv Co-operative Housing Society Ltd. Therefore, the application is allowed and the name of the petitioner in the original petition is ordered to be substituted by the present applicant. 3.

Necessary amendment may be carried out in the main petition and thereafter the petition may be listed for hearing on 28th September 2016.

(CHIEF JUSTICE) ABS