M/S Sai Corporation v. The State Of Maharashtra Through Govt Pleader And 3 Others

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16. WP 3070-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL SIDE WRIT PETITION NO.3070 OF 2015 M/s Sai Corporation ...

Petitioner

Versus

The State of Maharashtra Through Government Pleader and Others ...

Respondents .....

Mr. Zal Andhyarujina a/w Mr. Aditya Thakkar, Mr. Deepak Shukla i/b M/s Vinod Mistry & Co., for the Petitioner.

Mr. D.V. Godbole i/b Mr. Kamlesh Hadkar for Respondent No.3. .....

CORAM : S.C.GUPTE, J.

DATE : 1 AUGUST 2016.

P.C. :

.

Heard learned Counsel for the parties.

After the matter was heard at some length, it has been agreed between Counsel for both the sides that the impugned order of the Competent Authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ("MOFA") dated 4 September 2015, challenged in the present Petition, be quashed and set aside and the matter may be remanded back to the Competent Authority for a fresh hearing in accordance with law. Accordingly, this Petition is disposed of by quashing and setting aside the impugned order dated 4 September 2015. Application No.DC1000528/2014 is remanded back to the Competent Authority,

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16. WP 3070-15.doc namely, Deputy Registrar of Co-operative Societies (Respondent No.2 herein) for a fresh decision in accordance with law. All contentions of both the parties on merits are kept expressly open. The Authority shall dispose of the application as expeditiously as possible, and in any event, within a period of two months from today. (S.C.GUPTE, J.)