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Bombay High CourtWP/2901/2014withdrawn

Chembur Abhilash Co-Op.Hsg.Soc.Ltd. v. Municipal Corporation Of Greater Mumbai And 4 ORS.

2016-07-13Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

WP.2901/2014(903) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2901 OF 2014 M/s. Chembur Abhilash Cooperative Housing Society Ltd.

...Petitioner

Vs.

Municipal Corporation of Greater Mumbai & Ors.

...Respondents

Mr. Shishir Joshi i/b. Bhakti C. Jogal, Advocate for the Petitioner Mr. Tushar Dahibawkar i/b. Mr. Vinod Chawla, Advocate for Respondent No.5 Ms. Shobha Ajitkumar, Advocate for BMC Respondent Nos. 1 to 4 CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED : 13TH JULY, 2016 P.C. :

1.

Parties through their Counsel. We find that the question involved in this Petition is already under consideration before the learned Single Judge of this Court in Appeal from Order No. 264 of 2015 along with Civil Application No. 934 of 2015. We find that some directions in regard to the relief claimed in this Petition have been issued by the learned Single Judge in that matter. Keeping in view the aforesaid, the

WP.2901/2014(903) learned Counsel for the Petitioners seeks liberty to withdraw this Petition with liberty to the Petitioners to seek appropriate order from the Single Bench by pointing out before the learned Single Judge that in terms of the order passed on 11th February, 2016, the Corporation has considered and rejected the application of the 5th Respondent herein for regularisation on 7th April, 2016.

2.

With the aforesaid liberty the Petition is disposed of. (M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)