M/S. Arihant Developers Through Its Partners S.S. Shah. And ANR. v. State Of Maharashtra, Through Its And ORS.

13-wp5126-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5126 OF 2024 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.04.10 10:08:47 +0530 Arihant Developers, Through Its Partners Sunil Suryakant Shah & Anr.

... Petitioners V/s.

The State of Maharashtra Through Its Secretary to the Ministry of Cooperation , Textile and Marketing & Ors.

... Respondents Mr. Shailendra S. Kanetkar with Mr. Yash Dewal for the petitioners.

Ms. V. S. Nimbalkar, AGP for the State/respondent Nos.1 and 2.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 8, 2024 P.C.:

1.

Issue notice to the respondents, returnable on 12 June 2024. 2.

Prima facie perusal of Clause 7 of agreement registered under section 4 of the Act indicates that it contains a recital that there shall be single association of apartment of three wings. However, by the impugned order, competent authority in exercise of power under section 11(3) of the Maharashtra Ownership of Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 has granted registration to

13-wp5126-2024.doc the residents at each wing thereby having effect of formation of three societies instead of one.

3.

Hence, till 12 June 2024, there shall be ad-interim relief in terms of prayer clause (c).

(AMIT BORKAR, J.)