Narayan Babaji Shinde And ANR. v. Karmaveer Dadasaheb Co-Operative Housing Society And 4 ORS.

NMW.226.2015.905.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 226 OF 2015 IN WRIT PETITION NO. 1022 OF 2012 N. B. Shinde, since deceased, } through Smt. Baijabai N. Shinde } and Anr.

} Applicants In the matter between Mr. Narayan Babaji Shinde } and Anr.

} Petitioners

Versus

Karmaveer Dadasaheb } Co-operative Housing Society } and Ors.

} Respondents Mr. C. S. Joshi for the Applicants.

Mr. Sandesh Patil i/b. Mr. Tanu Khatri for Respondent No. 2.

Mr. Jagdis G. Aradwad (Reddy) with Ms.Neha Wadhwa for Respondent No. 4.

CORAM :- S. C. DHARMADHIKARI & G. S. KULKARNI, JJ.

DATED :- JUNE 23, 2015 P.C. :- After having heard Mr. Joshi at some length we find that prayer (b) in the Notice of Motion cannot be granted, particularly after the High Power Committee has decided the Appeal. It may be that it has remanded the case to the competent authority and thereafter the competent authority has passed an order. If the Applicants are J.V.Salunke,PA

NMW.226.2015.905.doc aggrieved by any of these orders, then, the remedy is not to move this Notice of Motion or to press it further, but to file substantive proceedings. In such substantive proceedings, the Applicants can also demonstrate that the correspondence after 20th January, 2014 is gross abuse of the process of law. They can also demonstrate as contended in the rejoinder affidavit that the orders passed by the authorities under the Act are contrary to law. In the circumstances, we do not see how this Notice of Motion can be kept pending. All contentions of the Applicants are kept open and for being urged in the substantive proceedings. Observing thus and equally keeping all objections of the Respondents open, we dispose of the present Notice of Motion. (G.S.KULKARNI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA