Rubi Ventures Pvt. Ltd v. Shailesh Nagindas Shah And 3 ORS

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1227 OF 2024 IN WRIT PETITION NO. 689 OF 2024 Rubi Ventures Pvt Ltd ...Applicant In the matter between Shailesh Nagindas Shah

...Petitioner

Versus

Municipal Corporation of Greater Mumbai &

...Respondents

Ors Mr Sanjay Jain, with Nishant Sasidharan, Gauri Mestha, for the Petitioner.

Mr Yashodhan V Divekar, with Rohan Karande i/b Divekar & Co, for the Applicant.

Ms Sujata Puri, i/b SK Sonawane, for the Respondent-BMC.

CORAM:

M.S. Sonak & Kamal Khata, JJ DATED:

27th August 2024 PC:- 1.

Heard Mr Divekar learned counsel for the Applicant in Interim Application No. 1227 of 2024 and Mr Jain learned

counsel for the Petitioner in Writ Petition No. 689 of 2024 and Ms Puri for the BMC.

2.

Learned counsel for the Applicant in Interim Application states that this Interim Application was filed before any part OC was granted by the BMC.

3.

Now, based on instructions, he submits that the Applicant would be presently satisfied if this Court clarifies that the Applicant's challenge to the part OC before the Civil Court in Commerical Suit No. 1190 of 2018 is decided on its own merits without being influenced by our order dated 10 January 2024 made in the present Writ Petition.

4.

The main object of our order dated 10 January 2024 was to direct the BMC to consider the issue of grant of OC/part OC without insisting upon payments in terms of the impugned demand notice dated 19 October 2023. In our order dated 10 January 2024, we have not even gone into the issue of legality or otherwise of the OC or the part OC.

5.

Therefore, it is obvious that the challenge to the OC/part OC issued by the BMC will have to be decided by the Court on its own merits and by following the law without, in any manner, being influenced by the order or any of the observations in the order dated 10 January 2024.

6.

With the above clarification, we dispose of this Interim Application.

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