K.S. Chamankar Enterprises And ANR. v. The State Of Maharashtra And 9 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L.) NO.2515 OF 2017 K.S. Chamankar Enterprises & Anr.

..Petitioners Vs.

The State of Maharashtra & Ors.

..Respondents WITH WRIT PETITION (L.) NO.2642 OF 2017 K.S. Chamankar Enterprises & Anr.

...Petitioners

Vs.

The State of Maharashtra & Ors.

...Respondents

----- Senior Counsel Mr.Anil Sakhare with Advocates Ms.Kirti Munshi, Mr.Kiran Jain, Ms.Amita Kamble i/b. M/s.Kiran Jain & Co. for Petitioners in both Petitions.

Ms.Geeta Shastri, AGP for Respondent No.1 in both petitions. Senior Advocate Mr.P.K. Dhakephalkar with Advocate Mr.Vijay D. Patil for Respondent Nos.2 and 3 in both petitions. Mr.S.G. Surana with Mr.Madhur Surana i/b. Mr.Madhukar Vajantri, Advocates for Respondent No.6 in both petitions. Mr.A.R. Shaikh for Respondent No.7 in both petitions. Mr.Pravin Samdani with Mr.Moinuddin Inamdar for Intervenor in both petitions.

----- CORAM :

SHANTANU S. KEMKAR AND G.S. KULKARNI, JJ.

DATE : 9th OCTOBER 2017 P.C.:

1.

After arguing for some time, the learned Counsel for the parties submit that these petitions may be disposed of by granting an opportunity to the petitioners to appear before the Apex

Grievance Redressal Committee as the impugned order dated 19th September 2017, passed in Writ Petition No.2642 of 2017 on hearing which took place on 16th September 2017, has been passed without giving an opportunity of personal hearing to the petitioners.

2.

The learned Counsel for the petitioners submits that the petitioners will appear before the Apex Grievance Redressal Committee on 18th November 2017 at 03.00 p.m. The learned Counsel appearing for the Apex Grievance Redressal Committee submits that on that date, the parties will be given an opportunity of hearing and thereafter appropriate decision will be taken by the Committee.

3.

The learned Counsel for the parties submit that they will not seek adjournment on that date and argue the matter before the Committee finally. All contentions of the parties are kept open and parties are at liberty to challenge the decision as may be taken by the Committee. It is also open for the petitioners to challenge the order which is impugned in Writ Petition (Lodging) No.2515 of 2017, if occasion so arise.

4.

Needless to say that the Apex Grievance Redressal Committee shall hear the respondent No.10 i.e. Prime Builders & Developers also along with the other parties.

5.

It is further, needless to observe that in view of the aforesaid order, all the other connected appeals shall also be heard on 18th

November 2017. All parties of the other appeals and who are represented in these writ petitions as respondents connected with the appeal in question undertake to appear before the Apex Grievance Redressal Committee on 18th November 2017. 6.

The petitions are disposed of.

[G.S. KULKARNI, J.] [SHANTANU S. KEMKAR, J.]