Asnushil Niketan Chs Ltd v. Municipal Corporation Of Greater Mumbai

924-OSIAL-24365-2023 IN OSWP-2347-2023.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 24365 OF 2023 IN WRIT PETITION NO. 2347 OF 2023 Satish Jasubhai Shah & Ors ...Applicants In the matter between Asnushil Niketan CHS Ltd & Anr

...Petitioners

Versus

Municipal Corporation of Greater Mumbai & Ors

...Respondents

Mr Mayur Khandeparkar, with Ganeshmurthy & KV Aiyar, i/b KV Aiyar & Associates, for the Applicant.

Mr Mukesh Vashi, Senior Advocate, with Manisha Desai, i/b MP Vashi & Associates, for the Original Petitioner. Ms Rina H Pujara, for the proposed Intervenor. ASHWINI GAJAKOSH by ASHWINI H GAJAKOSH Date: 2023.09.06 10:26:12 +0530

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

5th September 2023 PC:- 1.

After careful arguments, Mr Khandeparkar on instructions seeks leave to unconditionally withdraw the Interim Application. The Interim Application is dismissed as withdrawn with liberty to adopt appropriate proceedings in a court of competent jurisdiction other than a Writ Court.

5th September 2023

924-OSIAL-24365-2023 IN OSWP-2347-2023.DOC 2.

In view of the order of 25th July 2023, and especially the directions noted in paragraph 9 of the Petition, now that the building is entirely evacuated, we do not believe that anything survives in the Writ Petition and the Petition stands disposed of. Mr Vashi for the Petitioners agrees that this is the correct order to be made on the Writ Petition.

(Kamal Khata, J) (G. S. Patel, J) 5th September 2023