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Bombay High CourtCHSW/16/2018disposed off

Sheetal S. Gajabhiye And 2 Others v. Maharashtra Housing And Area Development Authority And 16 Others And Shreshta Rakesh And 12 Others

2018-06-11Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

19 CHSW 16.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 16 OF 2018 IN WRIT PETITION NO.1920 OF 2017 Mrs. Sheetal S. Gajabhiye and ors.

.....Applicants/ (Org.Petitioners) versus Maharashtra Housing and Area Development Authority and ors.

.....Respondents Ms. Huda Diamondwala i/b. Diamondwala and Co., advocates for the applicants/original petitioners.

Mr. V. M. Parashurami, advocate for the respondent Nos 1 to 3. Mr. M. M. Vashi, senior advocate along with Ms.Panthi Desai i/b. M. P. Vashi and Associates, advocates for the respondent Nos.4, 6, 7, 9, 10, 11, 12, 13, 15 and 16.

Mr. Nimeet Sharma i/b. Kalpesh Joshi and Associates, advocates for the respondent No.5.

Mr. Pravin Samdani, senior advocate along with Mr. Abhijeet Marathe, advocate for the proposed respondent Nos.18 to 30. CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : 11th JUNE, 2018.

P. C. :

The learned counsel for the applicants/petitioners, at the outset, makes a statement that she is restricting this petition to the relief claimed in prayer clause (i) with liberty to make fresh application/chamber summons for the relief claimed in prayer clause (ii). The statement is accepted.

Shubhada S Kadam 1/2

19 CHSW 16.18.doc 2.

By prayer clause (i), the applicants/petitioners seeks to implead proposed respondent Nos.1 to 13 as respondent Nos.18 to 33 in the petition. Mr. Samdani, learned senior advocate appearing for the proposed respondents and Mr. Vashi, learned senior advocate appearing for the respondent Nos.4,6,7,9,10 to 13, 15 and 16, have no objection if the chamber summons is allowed in terms of prayer clause (i). In that view of the matter and for the reasons stated in the affidavit-in-support, the chamber summons is allowed in terms of prayer clause (i). Necessary amendment be carried out within a period of one week from today and, thereafter, copy of the amended petition be served upon all concerned.

3.

The proposed respondents are at liberty to file reply to the petition within a period of two weeks from the date of service of the copy of the amended petition.

4.

The chamber summons stands disposed of.

5.

The writ petition to be placed on board on 2nd July, 2018. [SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2