Sheth Developers Private Limited v. Savannah Vasant Lawns Tower No 1 Chs Ltd And ORS

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8647 OF 2024 Sheth Developers Private Limited .. Petitioner

Versus

Savannah Vasant Lawns Tower No.1 CHS Ltd.

and Ors.

.. Respondents ....................

 Mr. Yuvraj Singh a/w. Mr. Samit Shukla, Ms. Saloni Shah, Mr. Mustafa Nulwala i/by DSK Legal for the Petitioner.  Mr. Y.S. Jahagirdar, Senior Advocate a/w. Ms. Druti Datar and Ms. Sharvari Kanetkar, Advocates for Respondent Nos.1 to 7.  Mr. R.S. Apte, Senior Advocate a/w. Mr. N.R. Bubna, Advocate for Respondent No.19 - Thane Municipal Corporation. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JUNE 24, 2024.

P.C.:

1.

Heard Mr. Singh, learned Advocate for Petitioner; Mr. Jahagirdar, learned Senior Advocate for Respondent Nos.1 to 7 and Mr. Apte, learned Senior Advocate for Respondent No.19 - Thane Municipal Corporation.

2.

By virtue of the draft amendment submitted by the learned Advocate for the Petitioner, a request is made to the Court to permit the Petitioner to amend the present Writ Petition. Reason advanced by the learned Advocate is that the reasoned impugned order dated 22.05.2024 was made available subsequent to the filing of the present Writ Petition.

3.

In view of the aforesaid fact, there can be no impediment in allowing the draft amendment which is taken on record and marked "X" for identification. Since this is a pre hearing amendment and more specifically with respect to the reasoned order which is the subject matter of the Writ Petition, I am inclined to allow the said amendment. 4.

Amendment is permitted to be carried out as per the draft amendment taken on record. Petitioner to carry out the amendment within a period of one week from today. Re-verification stands dispensed with. Copy of the amended Writ Petition shall be served afresh on all parties.

5.

Mr. Jahagirdar and Mr. Apte, learned Senior Advocates appearing for the contesting Respondents are directed to go through the amended Writ Petition and file their respective Affidavit-in-Reply within a period of two weeks from today. Mr. Apte would submit that the Corporation has also decided to challenge the impugned order and are in the process of filing its Writ Petition. If such a Petition is filed, liberty is given to the Corporation to get its Petition listed alongwith this Petition.

6.

Parties are directed to complete their pleadings on or before the next date.

7.

It is clarified that, this Writ Petition shall be disposed of on the next adjourned date at the stage of admission itself. 8.

Stand over to 10th July, 2024.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.06.24 19:58:20 +0530 AJAY TRAMBAK UGALMUGALE