Hiranandani Powai Plaza Premises Cooperative Soc. Ltd. v. The Chief Executive Officer Mmrda And 7 Others

bipin prithiani 901-wp-4531.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BIPIN DHARMENDER PRITHIANI Date: 2023.04.20 10:31:41 +0530 BIPIN DHARMENDER PRITHIANI ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4531 OF 2022 Hiranandani Powai Plaza Premises Cooperative Soc. Ltd.

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Petitioner

Versus

The Chief Executive Office MMRDA & Ors.

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Respondents ****** Ms. Usha Tiwari a/w Ms. Mansi Jain for the Petitioner. Mr. Akshay Shinde for the Respondent Nos. 1 and 2. Mr. Sajid Shamim a/w Jishen Ansari i/by S. S. Shamim & Co. for the Respondent Nos. 6 and 8.

Mr. Alifiya Muslim Kapasi, Respondent No.6-present in-person. Mr. Yahya Ghoghari a/w Mr. Mustafa Shabbir Shamim i/b Shamim & Co. for the Respondent No.7.

Mr. Kunal Waghmare for the Respondent-MCGM.

****** CORAM: G. S. KULKARNI & R. N. LADDHA, JJ.

DATE : 19th APRIL, 2023 P.C. :- .

Learned counsel for respondent no.6 have tendered consent terms, as entered between the respondent no.6 and petitioner, in terms of which they contend that this petition be disposed of. 2.

We have perused the consent terms, the consent terms set out the manner in which the dispute between the parties stands resolved. On behalf of the petitioner the consent terms are signed by the Secretary and Authorized Representative - Alifiya Muslim and are signed by respondent no.6. The consent terms are also signed by the

bipin prithiani 901-wp-4531.22.doc advocates for the petitioner and respondent no.6. The signatory to the consent terms are stated to be present in the Court and are identified by the respective advocates. There is no dispute on the signatures as made on the consent terms. The consent terms are, accordingly, taken on record and marked as 'X' for identification. The undertakings as set out in the consent terms stand accepted.

3.

It may be stated that the respondent nos. 1 to 5 are not the signatory to the consent terms, the consent terms are only between the petitioner and respondent no.6 being the private parties. 4.

Petition stands disposed of in terms of the consent terms. No costs.

5.

In the event, the regularization application is made by the respondent no.6 as consented by the petitioner-society within a period of four weeks from today, let the same be decided by the concerned Authority within a period of eight weeks thereafter. [R. N. LADDHA, J.] [G. S. KULKARNI, J.]