Bhagwati Bhuvan Cooperative Housing Society Ltd. And 5 ORS v. The State Of Maharashtra And 6 ORS

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2023.04.11 14:26:24 +0530 1 2.wp52-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.52 OF 2020 Bhagwati Bhuvan Co-Operative Housing Society Ltd. And 5 Ors.

... Petitioners vs.

The State of Maharashtra And 6 Ors.

... Respondents WITH CONTEMPT PETITION NO.1 OF 2020 IN WRIT PETITION NO.52 OF 2020 Ushma Williams ... Petitioner vs.

Navin Shah And 4 Ors.

... Respondents WITH INTERIM APPLICATION (L) NO.21950 OF 2021 IN WRIT PETITION NO.52 OF 2020 WITH INTERIM APPLICATION (L) NO.6530 OF 2020 IN WRIT PETITION NO.52 OF 2020 Ushma Williams ... Applicant vs.

Bhagwati Bhuvan Co-Operative Housing Society Ltd. And Ors.

... Respondents

2 2.wp52-20.doc ----- Mr. N.M. Bhadrashete, i/b. Milind Shewale, for the Petitioner. Mrs. Uma Palsuledesai, AGP, for State/Respondent No.1. Ms. Sneha Phene, a/w. Ms. Nidhi Shah & Mr. Pratik Divkar, i/b. K.V. Legal, for Respondent No.6 in WP/52/2020.

Ms. Ushma Williams, Respondent No.6 present in Court. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

06TH APRIL 2023 P.C. :

By an order dated 16 th February 2023, this Court had appointed Mr. Dinesh Purandare, learned Advocate practising in this Court, to act as a Mediator in an attempt to resolve the differences and disputes between the Petitioner Society and Respondent No.6 in W.P.No.52 of 2020. Learned Counsel for the Petitioners has today tendered the Mediation Report. The Report is taken on record and marked "X" for identification.

2.

The Mediation Report records that the Mediation has proved successful and parties have subsequently entered into Consent Terms based on the Mediation. Before proceeding further, this Court must note and appreciate the efforts taken by the learned Mediator to bring about an amicable resolution of disputes between the Petitioners and Respondent No.6. This Court

3 2.wp52-20.doc appreciates and notes the efforts taken by the learned Mediator. 3.

The parties today have tendered Consent Terms. The Consent Terms have been signed by the Petitioners as also Respondent No.6 (the contesting Respondent). Respondent No.6 is present in Court and identified by her Advocate. The Petitioners are not present. Learned Counsel for the Petitioners informs that the Petitioners have executed the Consent Terms in his presence. He identified the signatures. The Consent Terms are taken on record, marked "X-1" for identification.

4.

Writ Petition is, therefore, disposed of in terms of the Consent Terms.

5.

In view thereof, the impugned orders are quashed and set aside in terms of prayer clause (a), which reads as under:- a. that this Hon'ble Court be pleased to call for all the records and proceedings leading to impugned orders dated 27.05.2019 and 20.05.2019 being Exhibits "A-1" and "B-1" hereto and also the order dated 22.05.2019 (not yet served upon the Petitioners) all passed by the Respondent No.3 including the

4 2.wp52-20.doc complaints/applications/letters filed by Respondent Nos. 6 and 7 before the Respondent No.3 and after examining the legality and validity of the impugned Orders, be further pleased to issue a writ of certiorari or a writ in the nature of certiorari and/or any other appropriate writ, order or direction, to thereby quash and set aside the impugned orders dated, 27.05.2019, 20.05.2019 (Exhibits "A" & "B") and also the order dated 22.05.2019". 6.

Learned Counsel for the Petitioners submits that in view of clause 10 of the Consent Terms, the society shall not be pressing the letter dated 27 th May 2019. Learned Counsel for Respondent No.6 submits that Respondent No.6 is not desirous of waiting for the period mentioned in clause 11 and is agreeable for the disposal of the present Writ Petition today. With that and in the hope that there shall be no further acrimony between the Petitioners and Respondent No.6, the Petition is disposed of. 7.

In light of this Order, Contempt Petition No.1 of 2020 is also disposed of.

8.

All Interim Applications are, accordingly, disposed of.

5 2.wp52-20.doc (ARIF S. DOCTOR, J.)