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Bombay High CourtIA/1110/2021disposed off

Basil Rath v. Jai Ganesh Co-Operation Housing Society Ltd And ORS

2022-02-25Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice Madhav J. Jamdar4 pages

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3758 OF 2021 Jai Ganesh Cooperation Housing Society Ltd

...Petitioner

Versus

Sachin B Ghodke & Ors

...Respondents

WITH INTERIM APPLICATION NO. 1110 OF 2021 IN WRIT PETITION NO. 3758 OF 2021 Basil Rath s/o Sham Rath ...Applicant In the matter between Jai Ganesh Cooperation Housing Society Ltd

...Petitioner

Versus

Sachin B Ghodke & Ors

...Respondents

SHEPHALI SANJAY MORMARE by SHEPHALI SANJAY MORMARE Date: 2022.02.25 16:52:21 +0530 WITH INTERIM APPLICATION NO. 2180 OF 2021 IN WRIT PETITION NO. 3758 OF 2021 Deepak Madan ...Applicant In the matter between Jai Ganesh Cooperation Housing Society Ltd

...Petitioner

Versus

Sachin B Ghodke & Ors

...Respondents

WITH INTERIM APPLICATION NO. 2182 OF 2021 IN WRIT PETITION NO. 3758 OF 2021 Norina Pereira ...Applicant In the matter between Jai Ganesh Cooperation Housing Society Ltd

...Petitioner

Versus

Sachin B Ghodke & Ors

...Respondents

WITH CONTEMPT PETITION NO. 57 OF 2021 IN WRIT PETITION NO. 3758 OF 2021 Jai Ganesh Cooperation Housing Society Ltd

...Petitioner

Versus

Sachin B Ghodke & Ors

...Respondents

MrMPS Rao, Senior Advocate, i/b Vinod B Singh,for the Petitioner in Wp/3758/2021.

Mr J Udaipuri, i/b Udaipuri & Co, for the Applicant in IA/1110/2021. Ms Joyce Rath, for the Applicant in IA/2182/2021. Ms PH Kantharia, GP, for the Respondent-State.

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

PC:-

1.

There are three pending Interim Applications for impleadment or intervention. All three are by the members of the Petitioner society. We allow all three Interim Applications for intervention. The Applicant in Interim Application (L) No. 1110 of 2021, Mr Basil Rath, will be joined as Respondent No. 5. The Applicant in Interim Application (L) No. 2180 of 2021, Mr Deepak Madan will be joined as Respondent No. 6, and the Applicant in Interim Application (L) No. 2182 of 2021, Mr Norina Pereira, will be joined as Respondent No. 7.

2.

All three Interim Applications are disposed of in these terms. 3.

In addition, without requiring a formal amendment, we permit the Petitioner to add as co-Petitioners individual members of the Managing Committee who are named in the Section 88 order and adversely affected by that order.

4.

All these amendments are to be carried out without need of reverification by 7th March 2022.

5.

The three newly added Respondents have received copies of the Petition and, therefore, need not be served again. Mr Rao for the Petitioners, including those to be joined as co-Petitioners, states a further Affidavit in Support of the Petition may be permitted by 14th March 2022 to bring on record additional documents. Leave granted. Replies by newly added Respondents Nos. 5, 6, and 7 are permitted by 21st March 2022.

6.

We list the Petition on 28th March 2022.

7.

of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J)