Hoary Realty Limited (Previously Known As M/S. Chaitra Realty) v. Monitoring Committee And 3 ORS.

1/2 59-wp.548.2015 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.548 OF 2015 Hoary Realty Limited

...Petitioner

v/s.

Monitoring Committee and Ors.

...Respondents.

--- Mr.Bhavik Manek a/w Mr.Tushar Kadam i/b MDP & Partners, for the Petitioner.

Ms.Shobha Ajitkumar, for the Respondent - BMC. Mr.N.M.Ganguli , for Respondent No.4.

--- CORAM: A. S. OKA & REVATI MOHITE DERE, JJ.

DATED : 10th JUNE, 2015.

P.C.

1.

Only prayer made in this petition under Article 226 of the Constitution of India is to direct the Monitoring Committee to dispose of the applications made by the respondent nos.3 and 4. 2.

Going by the averments made in this petition, we are not satisfied that the petitioner is adversely affected by the pendency of the aforesaid applications. Learned Counsel for the petitioner states that the

2/2 59-wp.548.2015 first respondent has kept the applications in abeyance on the ground that there is a Contempt Petition pending.

3.

If the petitioner wants priority to be given to the hearing of the pending applications before the first respondent, it is for the petitioner to apply to the Monitoring Committee and to satisfy the Monitoring Committee that priority deserves to be given to the said applications. If the said applications are kept in abeyance, the petitioner can always apply for modification of the said direction of the Monitoring Committee. Hence, subject to what is observed above, no case for interference is made out in writ jurisdiction under Article 226 of the Constitution of India. 4.

The petition is accordingly disposed of.

(REVATI MOHITE DERE,J.) (A.S. OKA,J.)