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Bombay High CourtNMW/9/2015disposed off

Cosmos Homes India Pvt. Ltd. And ANR. v. The Municipal Corporation Of Greater Mumbai And Others And Shashikant Raghunath Hawal And ORS.(Appl

2015-05-05Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice A.S. Oka2 pages

ash nmw-9.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.9 OF 2015 IN WRIT PETITION NO.2874 OF 2012 Shashikant Raghunath Hawal & Others.

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Applicants In the matter between Cosmos Homes India Pvt. Ltd. 7 Another.

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Petitioners Vs The Municipal Corporation of Greater Mumbai and Others.

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Respondents -- Shri Abhay Khandeparkar along with Shri Rakesh Pathak and Shri Amit Kate i/by Gaonkar & Co. for the Applicants in the Notice of Motion and Respondents in the Writ Petition.

Shri Naushad Engineer and Shri Kalpesh Mehta and Urvi Tanna i/by Pravin Mehta & Mithi & Co for the Petitioners in Wit Petition and Respondents in Notice of Motion.

Shri H.C. Pimple for the Respondent BMC.

- CORAM :

A.S. OKA & C.V.BHADANG, JJ DATED : 5TH MAY 2015 P.C.

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Heard learned counsel appearing for the Applicants who are Respondent Nos.4 to 12C in the main Writ Petition. We have heard the learned counsel appearing for the Petitioners in the main Writ Petition who are the Respondents in the present Notice of Motion. The consent minutes of the order duly signed by the Advocates representing the Applicants in the Notice of Motion and the contesting Respondents in the Notice of Motion are taken on record and marked "X-1" for

ash nmw-9.15 identification. A Draft Permanent Alternate Accommodation Agreement is also taken on record and marked "X-2" for identification. 2.

By consent of the Applicants in the Notice of Motion and the Writ Petitioners, the Notice of Motion is disposed of in terms of the Draft Minutes of the Order marked "X-1" for identification. By consent, it is clarified that the Applicants in the Notice of Motion will be entitled to withdraw a sum of Rs.3,60,000/- each in terms of the Paragraph 5 of the Consent Minutes of the Order. The Registry shall permit withdrawal accordingly.

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The Notice of Motion is disposed of accordingly. (C.V.BHADANG, J) ( A.S. OKA, J )