Jambu Kumar Seth v. The State Of Maharashtra And ORS

35-wp-19491-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19491 OF 2024 Jambu Kumar Seth ...

Petitioner V/s.

The State of Maharashtra and Ors.

...

Respondents ------------------- Mr. Aadil Parsurampuria a/w Viraj Bansod i/by Tushar Goradia, for the petitioner.

Mr. Anil Mishra, for the respondent.

Mr. Hamid Mulla, AGP, for the State.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.07.14 15:28:41 +0530 VARSHA DEEPAK GAIKWAD --------------------

CORAM

:

N.J. JAMADAR, J.

DATE :

11th JULY 2025 PC:

1.

Heard the learned counsel for the parties.

2.

A dispute is sought to be raised about the date of service of the notice upon the petitioner.

3.

Mr. Mishra, the learned counsel for the respondents, submits that even the application for leave to defend, which is stated to have been filed by the petitioner-claimant, a copy of which is tendered for the perusal of this Court, does not find place in the Roznama of the proceedings before the Competent Authority.

4.

In these circumstances, the Court considers it appropriate to call the record and proceedings before the Competent Authority in Eviction varsha

35-wp-19491-24.doc Application No. 135 of 2023.

5.

Call record and proceedings in Eviction Application No. 135 of 2023.

6.

The Competent Authority, Konkan Division at Mumbai is directed to send the record and proceedings in Eviction Application No. 135 of 2023 to this Court by a special messenger.

7.

Stand over to 21st July 2025.

8.

In the meanwhile, the Competent Authority shall not proceed with the execution proceedings.

(N.J. JAMADAR, J) varsha