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Bombay High CourtIA/933/2024disposed off

Vaibhav Laxmi Builders And Developers Through Its Proprietor Ramdas Sangle, v. Parijat Padmakar Deshpande And 5 ORS.

2024-04-17Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak2 pages

911-OSIA-933-2024+.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 933 OF 2024 IN WRIT PETITION NO. 1111 OF 2024 WITH INTERIM APPLICATION NO. 934 OF 2024 IN WRIT PETITION NO. 1102 OF 2024 WITH INTERIM APPLICATION NO. 932 OF 2024 IN WRIT PETITION NO. 1109 OF 2024 Vaibhav Laxmi Builders & Developers ...Applicant In the matter between Parijat Padmakar Deshpande

...Petitioner

Versus

Maharashtra Housing & Area Development Authority & Ors

...Respondents

Digitally signed by ASHWINI GAJAKOSH Date:

2024.04.18 11:24:09 +0530 ASHWINI GAJAKOSH Mr Mayur Khandeparkar, with Radha Ved & Kaushal Udeshi, i/b VIS Legal law Practice, for the Applicant.

Mr Rajendra K Yadav, for the original Petitioner. Mr Shakeer Shaikh, with Ashraf Diamondwala, for Respondent No 3. Mr Mohit Jadhav, Addl. GP, with Gaurangi Patil, AGP, for Respondent-State in IA/933/2024.

Mr Manish Upadhye, AGP, for Respondent-State in IA/934/2024. 17th April 2024

911-OSIA-933-2024+.DOC Mr Himanshu Takke, AGP, for the Respondent-State in IA/932/2024.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

17th April 2024 PC:- 1.

There is an Interim Application by the developer Respondent offering to pay Rs 1 lakh to the Petitioners towards hardship compensation. The Petitioners wish to oppose this. So be it. 2.

In our order of 22nd February 2024, we inter alia noted that the Petitioners had agreed that they would vacate the commercial structures within four months of that date, i.e., by 24th June 2024, that was accepted as an undertaking to the Court. The Petitioners agreed that they would not seek an extension of time. 3.

That portion of the order remains and will continue. In the meantime, the Petitioners may reply to the Interim Application by the Respondent developer. We clarify that we have not stayed our order regarding the time to vacate.

4.

List the matter on 12th June 2024.

(Kamal Khata, J) (G. S. Patel, J) 17th April 2024