Madhusudan C Sanghvi v. Mukta Construction And 11 Others

- 1 - ( NMAL 1792 of 2015) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) No. 1792 OF 2015 IN APPEAL (L) No.536 OF 2015 IN NOTICE OF MOTION (L) No. 1627 OF 2015 IN SUIT No.1223 OF 2005 Madhusudan C. Sanghvi ....Applicant/Appellant (Org. Defendant No.6) Vs.

Mukta Construction and Ors.

....Respondents (Org. Plaintiffs and Nos.6 to11 Org. Defendants) And Municipal Corporation of Greater Mumbai ....Respondent *********** Mr. Zubin Behramkamdin a/w. Anjal Amin Jeniffer Michael and Mr.Prerak Sharma i/b. B.Amin & Co. for Appellant Ms.R.C. Nichani a/w. D. Banerjee i/b. M/s. Mahesh Jani & Co. for Respondent Nos.1 to 5.

Dr.Smita C. Sanghavi -Respondent No.7 in person Mr.Akshay Shah for Respondent No.10 *********** CORAM : V. M. KANADE & B.P COLABAWALLA, J.J.

DATE : JULY 16, 2015 P.C. :

1.

Appeal is disposed of in terms of our dated 10th July, 2015. The learned counsel appearing on behalf of the Appellant submits that he is not permitted to enter into premises. Similar complaint is made by Respondent No.7, who is appearing in person.

1/2

- 2 - ( NMAL 1792 of 2015) 2.

In our view, the said issue can be raised by the Appellant - Org. Defendant No.6 and Defendant No.7 by taking out an appropriate Notice of Motion before the learned Single Judge. It is clarified that if such Notice of Motion is taken out by Defendant No 6 and Defendant No.7, the same may be decided on merits and in accordance with law after taking into consideration the order passed by the Apex Court. [B.P COLABAWALLA, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2