Usha Kiran Co-Operative Housing Society Ltd. v. State Of Maharashtra And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1004 OF 2024 LAXMI SUBHASH SONTAKKE Usha Kiran CHSL .. Petitioner by LAXMI SUBHASH SONTAKKE Date: 2024.07.11 23:42:48 +0530

Versus

State of Maharashtra & Ors.

.. Respondents Adv. Neeta Jain i/b. Alochan Naik for the Petitioner. Adv. Kunal Bhanage i/b. Lalit Jain for Respondent Nos. 3 and 4. Mrs. Uma Palsule-Desai, AGP for Respondent-State. Mr. Sanjiv Harale, Secretary of the Petitioner is present. Mr. Sanjeev Jhaveri, Respondent No.4 is present.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Writ Petition is filed inter-alia seeking a direction to Respondent No.2 to decide Application No. 118 of 2022. This Application was filed by the Petitioner-Society seeking a deemed conveyance. In the above Writ Petition, Respondent No.1 is the State of Maharashtra, Respondent No.2 is District Deputy Registrar of Cooperative Societies, Mumbai City-3 and Respondent Nos. 3 and 4 are the Developers.

2.

When the above Writ Petition is called out, the parties have informed us that the disputes, which are really between the Petitioner-Society and Respondent Nos. 3 and 4, have been settled as recorded in the Consent Terms dated 10th July, 2024.

3.

The Consent Terms have been signed by Mr. Sanjeev Tukaram Harale, who is the Secretary of the Petitioner-Society and has been authorized to enter into the Consent Terms pursuant to a Special General Body meeting held on 9th July, 2024. Mr. Sanjeev Tukaram Harale is present in Court today and has stated that he has signed the Consent Terms after reading and understanding the same as well as the implications thereof. 4.

The Consent Terms have also been signed by Respondent No.4, who is the Sole Proprietor of Respondent No.3. He too is present in Court today and has stated that he has signed the Consent Terms after reading and understanding the same as well as the implications thereof. 5.

The Consent Terms are also signed by the Advocates appearing for the Petitioner and the Advocates appearing for Respondent Nos. 3 and 4.

6.

In these circumstances, the Consent Terms dated 10th July, 2024 are taken on record and marked 'X' for identification. The undertakings given in the Consent Terms are accepted as undertakings given to the Court. There shall be an order in terms of the Consent Terms and the Writ Petition is also disposed of in terms thereof. However, in the facts and circumstances of the present case, there shall be no order as to costs. 7.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]