Subhash Estate Premises Co Operative Housing Limited v. Decent Developers Thr Its Partners Ahmed Umar Arodia

10.IA-7743-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10326 OF 2023 WITH INTERIM APPLICATION NO. 7743 OF 2024.

IN WRIT PETITION NO. 10326 OF 2023 Decent Developers.

...Petitioner.

Versus

District Deputy Registrar, Cooperative Society, Mumbai and Others.

...Respondents.

------ Ms. Vishaki Bhatia, Advocate for Petitioner.

Ms. Priyanka B. Chavan, AGP for Respondent-State. Mr. Yogendra M. Kanchan i/b. YMK Legal, Advocate for Respondent No. 2. Mr. Dushyant Pagare, Advocate for Respondent No. 7. ------ Coram : Sharmila U. Deshmukh, J.

Date : October 7, 2024.

P. C. :

1.

After hearing the parties for some time, learned Counsel for the parties submit that the matter be remanded to the competent Authority for considering afresh.

2.

In light of the consensus which is arrived at between the parties, Application No. 1023 of 2022 is remanded to the Competent Authority to be decided afresh. The Respondent No. 2 Society is permitted to place necessary documents on record by way of additional affidavit. Similarly, the Petitioner herein is permitted to file their affidavit Talwalkar 1 of

10.IA-7743-2024.doc opposing the grant of the application.

3.

As the matter is remanded, the impugned order dated 20th January 2023 is hereby quashed and set aside. The Competent Authority is directed to consider the matter afresh without being influenced by the earlier order dated 20th January 2023. 4.

Writ Petition stands disposed of in above terms. 5.

In view of the disposal of the Writ Petition, nothing survives in the Interim Application. The same is disposed of accordingly. [Sharmila U. Deshmukh, J.] ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.10.10 10:36:19 +0530 Talwalkar 2 of