Oshiwara Mhada Gaondevi Complex Co-Op Housing Association Ltd v. Matra Infra Project Pvt Ltd And 3 ORS

1/2 APPL/595/2015 bdpps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.595 OF 2015 ALONGWITH NOTICE OF MOTION (L) NO.444 OF 2013 NOTICE OF MOTION (L) NO.1471 OF 2013 NOTICE OF MOTION (L) NO.1489 OF 2013 NOTICE OF MOTION (L) NO.1541 OF 2013 NOTICE OF MOTION (L) NO.181 OF 2014 NOTICE OF MOTION (L) NO.182 OF 2014 NOTICE OF MOTION (L) NO.1531 OF 2014 NOTICE OF MOTION (L) NO.1670 OF 2014 NOTICE OF MOTION (L) NO.508 OF 2014 IN SUIT NO.794 OF 2013 Oshiwara MHADA Goandevi Complex Co-op. Housing Association Ltd.

.... Appellant/Orig.

Defendant No.1.

V/s Matra Infra Project Pvt Ltd.

& Others ..... Respondents.

Mr. M.M. Vashi, Senior Counsel alognwith Mr. Ameet Mehta, Vaishali Sanghavi i/b Solicis Lex for the Appellant. Mr. D.D. Madon, Senior Counsel along with Cyrus Ardeshir, Mahek Kamdar, Mr. Rashmin Jain i/b Kanga & Co. for Respondent No.1.

Mr. E.A. Sasi for Interner.

Mr. P.G. Lad for Respondent No.6 CORAM: V. M. KANADE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE:

12th October, 2015.

2/2 APPL/595/2015 P.C.:- 1.

By consent of all parties who are appearing before us, the impugned order is set aside. In view of the clear directions given by Division Bench of this Court (Coram: Dr. D.Y. Chandrachud & M.S. Sonak, JJ.) in its Order dated 29/10/2013 passed in Appeal (Lodg.) No.396 of 2013, all contentions of all the parties will have to be heard by the learned Single Judge. All contentions of all parties are kept open. The learned Single Judge shall decide these questions on merits and in accordance with law and also decide the relief claimed by the Plaintiff expeditiously. Status quo to continue till the hearing of Notices of Motion. All Notices of Motion to be heard and decided expeditiously. 2.

Appeal is accordingly disposed of.

(DR. SHALINI PHANSALKAR-JOSHI, J.) (V.M. KANADE, J.)