Madhav Babubhai Rathod And ORS. v. Shardul Co-Operative Housing Society Limited And ORS.

11 - WP. 8975-18 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 8975 OF 2018 Madhav Babubhai Rathod & Ors.

...

Petitioners Vs.

Shardul Co-Op. Housing Society Ltd. & Ors.... Respondents *** Ms. Pinky M. Bhansali, for the Petitioner in WP. 8975/2018. Mr. Vineet Naik, Sr. Counsel a/w Piyush Shah & Jay Vora, for Respondent No. 1.

Mrs. M. S. Bane, AGP for the Respondent State. *** CORAM : C. V. BHADANG, J.

DATE : MARCH 5, 2020 PC :

1.

The learned counsel for the Petitioners, on instructions, seeks leave to withdraw the petition, as the Petitioners intend to take recourse to the remedy of filing civil suit, challenging the impugned order, in view of the law laid down by this Court in a series of decisions, viz. (i) Mazda Construction Company Vs. Sultanbad Darshan CHS Ltd.1; (ii) M/s. Angelina Randolph Pareria Vs. Suyog Estate Premises Co-operative Society Ltd.2; and (iii) M/s. Shree Chintamani Builders Vs. State of Maharashtra & Ors.3. 2.

In that view of the matter, the petition is disposed of as by Vinayak P.

Halemath Date:

2020.03.06 16:45:36 +0530 Vinayak P.

Halemath Writ Petition No. 3912/2012, dated 31.8.2012 Writ Petition No. 4373/2017, dated 11.4.2018 2016 SCC Online Bom 9343 1 / 2

11 - WP. 8975-18 withdrawn, with liberty as prayed. All rival contentions of parties, on merits, are left open. No order as to costs. Sd/- C. V. BHADANG, J.

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