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Bombay High CourtCA/326/2025disposed off

Maharashtra Housing And Area Development Authority And ORS v. Sanmukhdas Gurudasmal Ahuja And ORS

2025-01-10Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-AUG:887-DB *1* 923ca326o25grup

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 326 OF 2025 IN WP/4704/2009 MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ORS

VERSUS

SANMUKHDAS GURUDASMAL AHUJA AND ORS ...

Shri Kadethankar Ajit B., Advocate for the Applicants. Shri Shreyash Deshpande, Advocate h/f Shri Tapan K. Sant, Advocate for the original Petitioners.

Shri V.M. Kagne, AGP for the Respondents/State. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 10th January, 2025 Per Court :- Heard the learned advocate Shri Kadethankar for the applicant MHADA and the learned advocate for the original petitioners.

2.

By way of this application, the applicant MHADA is seeking permission for executing conveyance deeds in favour of the beneficiaries in the light of the observations of this Court in paragraph No.3 in the order dated 15.10.2010 whereby, it was expressly directed that the MHADA shall not indulge in any

*2* 923ca326o25grup communication in respect of the demand notice. 3.

In fact, paragraph 3 of the order dated 15.10.2020 reads as under:- "3.

In future, without prior permission of the Court, no communication in respect of any demand notice shall be issued by MHADA, otherwise the Court may take action for Contempt of Court."

4.

A plain reading of the order does not indicate that there was any other embargo on the rights of the MHADA to undertake any process except of issuing demand notices to the petitioners, who were before this Court. No permission as is being solicited was in contemplation of the Court while passing the order on 15.10.2010.

5.

The Civil Application is disposed of.

kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)