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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.

2024-07-12Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak3 pages

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 Digitally signed by ASHWINI GAJAKOSH Date:

2024.07.15 10:05:07 +0530 ASHWINI GAJAKOSH Vaibhav Laxmi Builders and Developers ...Applicant In the matter between Parijat Padmakar Deshpande

...Petitioner

Versus

Maharashtra Housing and Area Development Authority & Ors

...Respondents

WITH CONTEMPT PETITION (L) NO. 21975 OF 2024 (NOT ON BOARD) Mr Mayur Khandeparkar, with Kaushal Udeshi, i/b Vis Legis Law Practice, for the Petitioner in CONPWL and Applicant in IA/933/2024.

Mr Shakeeb Shaikh, for Respondent No. 3 in Original Writ Petition. Mr PG Lad, with Sayli Apte, for the Respondent-MHADA. Ms RM Hajare, for the Respondent-BMC.

None, for the Respondent in CONPWL.

Mr Mohit Jadhav, Addl. GP, with Gaurangi Patil, AGP, for the Respondent-State in IA/933/2024.

Mr Himanshu Takke, AGP, for the Respondent-State in IA/934/2024 & IA/932/2024.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

PC:- CONTEMPT PETITION (L) NO. 21975 OF 2024:

1.

Not on board. Mentioned. Taken on board.

2.

Issue notice to the Respondent. Returnable on 26th July 2024. 3.

In the meantime, we clarify that the MHADA is free to take action to evict the Respondents because Mr Khandeparkar points out that challenge to MHADA's eviction order was dismissed by this Court after accepting Respondents undertaking to vacate the premises by 24th June 2024. Subsequently, even the Interim Applications seeking extension of time were dismissed by this Court.

4.

Mr Khandeparkar states that reliefs in Interim Application No. 933 of 2024 have now been rendered infructuous and accordingly he may granted leave to withdraw this IA. 5.

Leave is granted and this Interim Application is disposed of as withdrawn.

(Kamal Khata, J) (M.S. Sonak, J)