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Bombay High CourtWP/427/2017

Krypton Construction Pvt. Ltd. And ANR v. Maharashtra Housing And Area Development Authority And 2 ORS

2017-09-19Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Shantanu S. Kemkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.427 OF 2017 WITH CHAMBER SUMMONS (L)NO.116 OF 2017 IN WRIT PETITION NO.427 OF 2017 Krypton Construction Pvt. Ltd. & Anr.

...Petitioners

Versus

Maharashtra Housing and Area Development Authority & Ors.

...Respondents

.....

Mr. Mihail Behl with Lalan Gupta, Mr. Parshva Doshi i/b. M/s. Dhruve Liladhar & Co. for the Petitioners.

Mr. V.P. Sawant with Ms. Tanaya Patankar for the Respdt Nos.1 to 3. Mr. Pradeep Havnur for the Applicant in CHSWL/116/2017 Mr. Rohan Kadam with Mr. Abhijeet Mahadeokar for the Respdt.No.4. CORAM : SHANTANU KEMKAR & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 19th SEPTEMBER, 2017.

P.C.:- During the course of hearing the learned counsel for the Respondent No.4 submits that Respondent No.4-Society will hold a draw for allotment of premises to the remaining tenants /occupants mentioned in the list annexed to the letter dated 9th June, 2016 Exhibit-J and from the letter dated 22nd September, 2016 mentioned in the list at Exhibit-L in the same manner as earlier allotment was made. 2.

In the circumstances as agreed by the learned counsel for 1/3

the parties, we dispose of this Petition by directing the Respondent No.4 to hold the draw and make the allotment as aforesaid. The learned counsel for the MHADA has also expressed no objection to this.

3.

Learned counsel for the Respondent No.4 submits that the officer of MHADA be ordered to remain present at the time of holding of draw.

4.

The learned counsel for the MHADA submits that Officer of the MHADA will be present at the time of holding of Draw by the 4th Respondent.

5.

The draw shall be held by the 4th Respondent within a period of four weeks from today. Parties are directed to comply all other terms and conditions of the No objection certificate. 6.

With the aforesaid directions the writ petition stands disposed of.

7.

In view of the aforesaid order, Chamber Summons is 2/3

disposed of with liberty to the Applicant to Chamber Summons to seek appropriate remedy as may be available in accordance with law. (ANUJA PRABHUDESSAI, J.) (SHANTANU KEMKAR, J.) 3/3