Aspi Khodakhod S/O K.K. Irani And10 ORS. v. Director Prime Minister'S Grant Project M.H.A.D. Authority And 4 ORS

NMW. 266-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 266 OF 2015 IN WRIT PETITION No. 1568 OF 2003 Aspi Khodadad Irani & Ors.

...

Petitioners Vs.

The Director, Prime Minister's Grant Project, MHADA & Ors.

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Respondents *** Mr. Clive D'Souza, for the Applicants / Petitioners. None for the Petitioners and the Respondents. *** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : JANUARY 8, 2015 PC.

1.

The delay caused in filing the notice of motion is condoned for the reasons stated in the affidavit in support of the motion, more particularly, in paragraph 3 and 4 of the said affidavit. It is submitted that petition has not become infructuous. Since the petitioners and their advocate were not present, they could not point out this fact to this Court. Explanation of the Petitioners is accepted; the order dated 8.1.2015 is recalled and Writ Petition No. 1568 of 1 / 2

NMW. 266-15 2003 is restored to the file. Notice of motion is accordingly allowed and disposed of in terms of prayer clauses (b) and (a). 2.

Place the writ petition be placed on final hearing board on 7th January, 2016.

Sd/- Sd/- [REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2