M/S Decent Developers, Nagpur Through Its Partner, Shri Sanjay S/O Gunwantrao Band v. Nagpur Improvement Trust Through Its Chairman, Nagpur And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.2297 OF 2015 M/s. Decent Developers, A Partnership Firm, through its Partner Shri Sanjay S/o Gunwantrao Band ..vs..

Nagpur Improvement Trust, through its Chairman, Sadar, Nagpur and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri R.R. Shrivastava, counsel for the petitioner. Mrs. Bharti Dangre, counsel for R-1 & 2.

Mrs.A.R. Taiwade, AGP for R-3.

CORAM

: B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ.

DATED : AUGUST 8, 2016.

Heard.

Learned counsel Shri R.R. Shrivastava for the petitioner has tendered a Pursis signed by the petitioner seeking leave to withdraw the petition as disputed questions of facts arise with liberty to serve a legal notice to the respondent-NIT as envisaged under Section 115 of the Nagpur Improvement Trust Act, 1936. He, therefore, seeks continuation of interim orders for a period of ten weeks more.

Learned counsel Mrs. Bharti Dangre for respondent Nos.1-Nagpur Improvement Trust and learned counsel Shri H.A. Deshpande for respondent No.2-Nagpur Municipal Corporation have no objection, .....2/-

if the writ petition is disposed of as withdrawn. However, they oppose for continuation of interim orders.

We find that interim orders are given by this Court on 21.4.2015 and, therefore, are in force for last about fifteen months.

In this situation, as prima facie some disputed questions of facts arise, we grant leave to withdraw the petition. Interim order is continue for a period of ten weeks more and the same shall cease to operate, thereafter, automatically.

The writ petition is disposed of as withdrawn.

JUDGE JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

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Uploaded on : - 09/08/2016 (Personal Assistant) ...../-