Laxmi Industrial Estate v. The Municipal Corporation Of Greater Mumbai And ANR. And M/S. Crystal Pride Developers (Applicant)

chsw169 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.169 OF 2016 IN WRIT PETITION NO.1905 OF 2012 Crystal Pride Developers ...Applicant vs.

Municipal Corporation of Greater Mumbai & Anr.

...Respondents

Mr.Girish Godbole a/w Mr.Bhavin Bhatia for the petitioner Dr.Birendra Saraf a/w Mr.Rohan Sawant and Mr.Manish Parekh i/b Purnanand & Co. for the applicant Mr.A.Y.Sakhare, Senior Counsel a/w Ms Kejali Mastakar for the MMC.

CORAM : A.S.OKA, & SMT.VIBHA KANKANWADI,JJ.

DATE : JULY 13, 2017 P.C.:

Heard the learned counsel for the applicant, the learned senior counsel for the respondents in the Writ Petition and the learned counsel for the petitioner in Writ Petition. The Chamber Summons is opposed by the learned counsel for the petitioner in the Writ Petition. Apart from the fact that the applicant has been impleaded in companion petition filed by the petitioner in respect of the same property, the averments made in paragraph 8 of the affidavit in support of the Chamber Summons will show that the applicant is atleast a proper party. Accordingly, without prejudice to the rights and contentions of the parties in the main Petition,

chsw169 we make the Chamber Summons absolute in terms of prayer clause (a). Amendment to be carried out by the writ petitioner within a period of one week from the date on which this order is uploaded. Consequential amendments shall be carried out to the Petition and pending Notice of Motion within the same period.

(VIBHA KANKANWADI,J.) (A.S.OKA,J.)