Shri. Bhiva Kashinath Mhatre v. M/S. Adhiraj Builders And Developers Thru Its Prop. Brij Bhushan Gupta And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by URMILA PRAMOD INGALE Date:

2022.07.08 18:55:19 +0530 URMILA PRAMOD INGALE CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1315 OF 2019 IN CIVIL APPLICATION NO. 47 OF 2019 IN PUBLIC INTEREST LITIGATION NO. 93 OF 2016 Shri Bhiva Kashinath Mhatre .. Applicant In the matter between Shri Bhiva Kashinath Mhatre ... Petitioner vs.

M/s. Adhiraj Builders & Developers & ors.

... Respondents Mr. Idris M. Vohra i/b Mr. Vinod Shinde, for Applicant. Mr. Sameer Pandit a/w Ms. Krina Gandhi i/b Wadia Ghandy & Co., for Respondent No. 1.

CORAM : A. K. MENON , J. & M.S. KARNIK , J.

th JULY, 2022 DATED : 8 P.C. :

Interim Application No. 1315 of 2019 1.

The interim application seeks restoration of civil application no. 47 of 2019 which in turn, seeks restoration of Public Interest Litigation. 2.

The application is opposed on behalf of respondent no. 1. 3.

Heard learned counsel for the parties.

4.

Perused the interim application as well as civil application no. 47 of 1/2

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2019. In our view, considering the reasons provided and after hearing learned counsel for the parties, we are inclined to set aside the order of dismissal of Public Interest Litigation subject to payment of costs of Rs.20,000/- within a period of one week from today. 5.

Accordingly, interim application is allowed in terms of prayer clauses 12.1.

6.

If the costs is not paid, this order shall stand vacated. No further application for restoration shall be entertained. 7.

Interim Application is disposed of.

Civil Application No. 47 of 2019 1.

This is an application for restoration of Public Interest Litigation. 2.

For the reasons stated in the application, application is allowed in terms of prayer clauses 9.1.

3.

Civil Application is disposed of.

(M. S. KARNIK, J.) (A. K. MENON, J.) 2/2

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