Khar Hanuman Nagar Seaface Co.Hou.Soc.Ltd. v. State Of Maharashtra And ORS

WP.914.2014.913.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 914 OF 2014 WITH NOTICE OF MOTION NO. 6 OF 2015 Khar Hanuman Nagar Seaface } Co-operative Housing Society Ltd. } Petitioner versus State of Maharashtra and Ors.

} Respondents Mr. Ramesh Ramamurthy for the Petitioner.

Mr. Madhubala Kajale-AGP for Respondent No.1.

Dr. Birendra Saraf with Mr. Ashraf Diamondwalla i/b. M/s. Diamondwalla and Co. for the Applicant in NMW/6/2015.

CORAM :- S. C. DHARMADHIKARI & G. S. KULKARNI, JJ.

DATED :- JULY 16, 2015 P.C. :- In the event there is an order adverse to the Petitioner's interest and passed in pursuance of the notice which is impugned in this Writ Petition, then, while challenging the same, the Petitioner can raise all the contentions including that the authority issuing the notice has no jurisdiction, power and authority to deal with the Co-operative Housing Society registered under the Maharashtra Co-operative Housing Societies Act, 1960. Similarly, the Petitioner can impugn any adverse J.V.Salunke,PA

WP.914.2014.913.doc order in terms of the Maharashtra Co-operative Housing Societies Act, 1960 and before any Appellate/Revisional authority, permissible in law. All such courses and contentions so also objections of the Petitioner therein are kept open. With this clarification, the Writ Petition need not be kept pending. It is disposed of accordingly. 2) This order is passed after hearing all parties including Mr.Saraf who sought intervention on behalf of the Intervener. In view of the disposal of the Writ Petition, the Notice of Motion does not survive and stands disposed of as such.

(G.S.KULKARNI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA