Minal Co-Operative Housing Society Limited v. Smt. Sushama A Gupta And ANR.
by ANANT KRISHNA NAIK Date:
2025.08.22 19:55:28 +0530 ANANT KRISHNA NAIK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7662 OF 2024 WITH INTERIM APPLICATION NO. 4513 OF 2023 WITH CIVIL APPLICATION NO. 1324 OF 2018 IN FIRST APPEAL NO. 1117 OF 2018 Sushama A. Gupta & Anr.
...Applicants
Versus
Minal Co-operative Housing Society Limited & Ors.
...Respondents
WITH INTERIM APPLICATION NO. 7880 OF 2025 IN FIRST APPEAL NO. 1117 OF 2018 Minal Co-operative Housing Society Limited ...Applicant
IN THE MATTER BETWEEN
Sushama A. Gupta & Anr.
...Appellants
Versus
Minal Co-operative Housing Society Limited & Ors.
...Respondents
**** Mr. Ashok Gupta Appellant No. 2 in-person present for Applicants in IA/7662/2024, IA/4513/2023 and CAF/1324/2018, Mr. Rubin Vakil a/w. Adv. Humera Syed i/b. Adv. Bishwajeet Mukherjee for for Applicant in IA/7880/2025.
Mr. Rajiv Chavan, Sr. Advocate a/w. Ms Asmi Desai, Ms. Sonam Pandey, Ms Pallavi Khale i/b. Ms. Komal Punjabi for the Respondent-MCGM Mr. C. M. Lokesh for the Applicant in IA/20252/2022 Mr. A. R. Patil, Addl. GP for the Respondent No. 14. ****
CORAM
: M. M. SATHAYE, J.
DATED : 22nd AUGUST 2025 1/3
P.C.:
In Morning session :
1.
Mr. Ashok Gupta, party in person, has tendered a notarized affidavit sworn by Smt. Shushma Gupta in Interim Application No. 7880 of 2025 and in first appeal, along with certain exhibits which are not paginated properly. He submits that he has also filed same affidavit-in-reply in the Registry yesterday. That affidavit of reply filed in the Registry is not available before the Court right now. In order to avoid any further adjournment, the tendered affidavit notarized dated 20.08.2025 is taken on record and marked 'X' for identification.
2.
Mr. Ashok Gupta is directed to paginate the same and make its copies and serve upon the learned counsel for contesting Respondents during course of the day i.e. before 3 p.m.
3.
Hearing is adjourned to afternoon session after lunch at 3.00 pm. In the afternoon session :
4.
The affidavit in reply filed by Sushma Gupta yesterday (pages 121170) is sent by Registry in the Court and is now available. The affidavit marked 'X' in the morning session is paginated from 121 to 168. Both are on record.
5.
Pursuant to earlier to order dated 13/08/2025, Mr. Ashok Gupta has made submissions and relied upon said affidavits of Sushma Gupta alongwith annexures.
6.
Mr. Chavan, learned Senior Advocate has made submissions relying on 2/3
the affidavit-in-reply dated 07/08/2025 filed on behalf Respondent Municipal Corporation in IA/7662/2024. Mr. Vakil has also made submissions.
7.
Arguments on these applications are concluded. Order reserved. (M. M. SATHAYE, J.) 3/3