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Bombay High CourtWP/3093/2014disposed off

Sunil Babani H.U.F. v. Municipal Corporation Of Greater Mumbai And 53 ORS.

2015-01-30Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3093 OF 2014 Sunil Babani HUF ..

Petitioner -VersusMunicipal Corporation of Gr. Mumbai and Ors.

..

Respondents Mr.Chirag Mody i/b. Ashok Purohit & Co. for petitioner Ms.Shobha Ajitkumar for respondent No.1 BMC Mr.N.N.Bhadrashete for respondent Nos. 2 to 42 Mr.Sunil Gangan i/b. RMG Law Associates for respondent No.43 Mr.Prashant Kulkarni for respondent No.44 to 52 and 55

CORAM

:

SMT. V.A.NAIK & C.V.BHADANG, JJ.

DATE :

30th January 2015.

P.C.

The learned Counsel for the petitioners seeks leave to delete the names of the respondent Nos.53 and 54 from the array of parties. So also the petitioners seek leave to add Mr.Ramgopal Mundra and Mrs.Snehaprabha Mundra as respondent Nos. 55 to this petition. Leave granted. Amendments be carried out forthwith. (C.V.BHADANG, J) (SMT.V.A.NAIK, J)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3093 OF 2014 Sunil Babani HUF ..

Petitioner -VersusMunicipal Corporation of Gr. Mumbai and Ors.

..

Respondents Mr.Chirag Mody i/b. Ashok Purohit & Co. for petitioner Ms.Shobha Ajitkumar for respondent No.1 BMC Mr.N.N.Bhadrashete for respondent Nos. 2 to 42 Mr.Sunil Gangan i/b. RMG Law Associates for respondent No.43 Mr.Prashant Kulkarni for respondent No.44 to 52 and 55

CORAM

:

SMT. V.A.NAIK & C.V.BHADANG, JJ.

DATE :

30th January 2015.

P.C.

The learned Counsel for the parties have tendered the consent terms signed by the parties in the court today. The same are accepted on record.

It is informed to this court by the learned Counsel for the

parties that the consent terms are signed by the petitioner and the counsel for the petitioner and the respondent Nos. 2 to 55 and the Counsel for the same. It is also informed that the petitioner Mr.Sunil Babani, Karta of HUF is present in the court. So also the Chairman, Secretary and Treasurer of the respondent No.2 society are present. The respondent Nos. 3 to 55 are also present in the court today barring respondent Nos. 26, 28, 37 and 40. It is stated by the Counsel for the absent respondents that the respondent No.26 is undergoing chemotherapy, the respondent No.28 has fractured his leg, the respondent No.37 has a paralytic attack and the respondent No.40 has undergone a by-pass operation just recently. It is however stated by the Counsel for the absent respondents that these respondents have signed the consent terms in the presence of their Counsel.

We have perused the consent terms. The consent terms appear to be just and reasonable.

Hence, this petition is disposed of on the consent terms dated 30th January 2015. Undertakings contained in consent terms are

accepted as undertakings to this Court. There would be no order as to costs.

(C.V.BHADANG, J) ( SMT. V.A.NAIK, J.)