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Bombay High CourtIA/2052/2024disposed off

Usha Mahendra Mehta v. Moolchand Kesrimal Jain

2024-07-12Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak2 pages

28-OSIA-2052-2024 IN WPL-21412-2023.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2052 OF 2024 IN WRIT PETITION (L) NO. 21412 OF 2023 Usha Mahendra Mehta ...Applicant In the matter between Usha Mahendra Mehta

...Petitioner

Versus

Maharashtra Housing and Area Development Authority & Ors

...Respondents

Mr Dipesh Siroya, i/b LIM Legit, for the Applicant/Petitioner. Mr Jagdish G Reddy, for Respondents Nos. 1 & 2. Mr AM Saraogi, i/b Sanjay B Singh, for Respondent No. 3.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

12th July 2024 PC:- 1.

Interim Application (L) No. 20668 of 2024 is not on board. However, upon mention, the same is taken on board. By this Interim Application, the Petitioner seeks recall of our order dated 8th March 2024 dismissing Writ Petition (L) No. 21412 of 2023 for non prosecution, i.e., for non clearance of office objections. by SANDHYA BHAGU WADHWA Date:

2024.07.15 11:05:09 +0530 SANDHYA BHAGU WADHWA 12th July 2024

28-OSIA-2052-2024 IN WPL-21412-2023.DOC 2.

The reason set out in the Interim Application are not very satisfactory. However, the learned counsel for the Petitioner assures the Court that if another opportunity is granted, office objections would be cleared within two weeks from today. 3.

Further, he offers to pay some costs to the Respondents. Mr Saraogi the learned counsel for Respondent Nos. 3 and 4 submits that the costs may be paid to the Bombay Bar Association. 4.

Accordingly, subject to the Petitioner paying costs of Rs.5000/- to the Bombay Bar Association within a week from today and filing a receipt with the registry, the order dated 8th March 2024 is recalled and Writ Petition (L) No. 21412 of 2023 and the Interim Application therein is restored.

5.

However, we add that if the office objections are now not cleared within two weeks, the Writ Petition will once again dismissed for non prosecution without further reference to this Court.

(Kamal Khata, J) (M.S. Sonak, J) 12th July 2024