Thakur Parwani Member Of Shangrila Vaibhav Co. Op Hsg Soc And ORS v. Sangrila Vaibhav Co-Operative Housing Society Ltd. And ORS

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7361 OF 2010 Shangrila Vaibhav CHS Ltd .. Petitioner

Versus

Payal Bachani & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 3141 OF 2025 IN WRIT PETITION NO. 7361 OF 2010 WITH INTERIM APPLICATION (ST) NO. 20239 OF 2025 IN WRIT PETITION NO. 7361 OF 2010 WITH WRIT PETITION NO. 7443 OF 2010 Shangrila Vaibhav CHS Ltd .. Petitioner

Versus

Pooja V. Ramchandani & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 9450 OF 2025 IN WRIT PETITION NO. 7443 OF 2010 WITH INTERIM APPLICATION (ST) NO. 6210 OF 2025 IN WRIT PETITION NO. 7361 OF 2010 ....................

 Mr. Mandar Soman a/w Ms. Arti Nishad, Advocates for Petitioners in WP Nos. 7361/2010 & 7443/2010  Mr. Amrut Joshi a/w Mr. Atal Dubey, Advocate for Respondent No. 1 in IAST 20239/25 & IA 9450/25  Mr. Girish Godbole, Senior Advocate a/w Mr. Nirav Shah, Ms. Niharika Singh & Sharva Patel i/by Little & Co, Advocates for Intervenors

 Mr. P.V. Nelson-Rajan, AGP for Respondent Nos. 2 to 4 in WP 7361/10  Ms. Savina R. Crasto, AGP for Respondent Nos. 2 to 4 in WP 7443/10 ...................

CORAM : MILIND N. JADHAV, J.

DATE : AUGUST 5, 2025 P. C.

:

1.

Heard learned Advocates appearing for the parties. 2.

In view of the order dated 02.07.2025, Intervenors have filed fresh Petition which they intend to lodge either today or tomorrow. Considering that the Petition will be lodged in this year, appropriate Court will have to be moved by Petitioners / Intervenors for interim / ad-interim relief. Since the Intervenors have filed the Writ Petition, they are permitted to move the appropriate Court for seeking interim / ad-interim relief immediately. In the meanwhile, for a period of two weeks from today, interim relief granted in the present Petitions shall continue to operate to enable the Intervenors to move the appropriate Court.

3.

Petitioner Society is permitted to withdraw the present Petitions in view of the praecipe filed on 01.08.2025. In view of disposal of the Writ Petitions, all Interim Applications filed therein stand disposed. 4.

Needless to state that withdrawal of the Petitions at the request of Petitioner shall not influence the pendency and hearing of the

proceedings in CC-II 308/2025 dated 04.08.2025 and the Interim Application therein pending before the Co-operative Court No. II, Mumbai and the said dispute / challenge shall be determined on its own merits and strictly in accordance with law after hearing the parties. This Court has not given its imprimatur or opinion on any of the rights and contentions of the parties including the Intervenors and all rights and contentions of the parties including Intervenors are kept open.

5.

Writ Petition Nos. 7361/2010 and 7443/2010 are disposed as withdrawn.

6.

In view of withdrawal of the Writ Petitions, Interim Application Nos. 3141/25, (St) 20239/25, 9450/25 & (st) 6210/25 are accordingly disposed.

Amberkar [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2025.08.05 15:07:22 +0530 RAVINDRA MOHAN AMBERKAR