Shree Arihant Apartments Co-Operative Housing Society Limited v. The Municipal Corporation Of Greater Mumbai And 8 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2256 OF 2007 SHREE ARIHANT APARTMENTS COOPERATIVE) HOUSING SOCIETY LIMITED )...PETITIONER V/s.

THE MUNICIPAL CORPORATION OF GREATER) MUMBAI AND OTHERS )...RESPONDENTS Mr.Manish Bohra, Advocate for the Petitioner. Mr.Vyankatesh Dhond i/b/ Mr.Sandeep Waghmare, Advocate for Respondent Nos.5 and 6.

Ms.Vandana Mahadik, Advocate for Respondent-MCGM. Mr.Bhupendra Gandhi, Secretary of the Petitioner, present in Court.

CORAM : A. A. SAYED & S. G. DIGE, JJ DATED : 15th SEPTEMBER, 2021 AVK 1/3

P.C.:

In view of the subsequent events, learned Counsel for the Petitioner-Society, on instructions from the Secretary, Shri. Bhupendra Gandhi who is present in the Court, seeks leave to withdraw the Petition. The Petition is allowed to be withdrawn. We record and accept the undertaking of the Respondent Nos.5 and 6 through the learned Senior Counsel that the Respondent Nos.5 and 6 shall permit the Petitioner-Society, its members, representatives and servants to have access to the terrace for repairs and maintenance of the said terrace and other common amenities.

Subject to above, the Petition to stand disposed of as withdrawn.

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We record the undertaking of the learned Counsel for the Petitioner that he would file his Vakalatnama within one week from today.

(S. G. DIGE, J.) (A. A. SAYED, J.) ARTI VILAS KHATATE ARTI VILAS KHATATE Date: 2021.09.16 10:36:58 +0530 AVK 3/3