Suresh Awate v. Milind Borikar, Vice Chairman And Chief Officer

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.28884 OF 2025 IN WRIT PETITION NO.185 OF 2025 Thalia and Aishwarya Builders, through its Partner Applicant In the matter between :

Nehru Nagar Ajinkyatara CHS Ltd.

Petitioners versus Thge MHADA and others Respondents AND CONTEMPT PETITION (L) NO.28889 OF 2025 IN WRIT PETITION NO.185 OF 2025 Thalia and Aishwarya Builders, through its Partner Petitioner versus Milind Borikar, Vice Chairman and Chief Officer Mumbai Board and others Respondents AND CONTEMPT PETITION NO.64 OF 2025 IN WRIT PETITION NO.185 OF 2025 Suresh Awate and others Petitioners versus Milind Borikar, Vice Chairman and Chief Officer and others Respondents _______ Mr.Aditya Shirke for Applicant in IA and for Petitioners in CONWP (L).28889/2025 and for Respondent no.5 in CONWP.64/2025 for Petitioners. Mr.Ravi Shetty, Senior Advocate i/by Mr.Arjun Yadav for Petitioners in CONWP.64/2025.

Mr.G.S,.Hegde, Srnior Advocate, with Ms.P.M.Bhansali, Mr.A.Siddique for MMRDA.

Mr.Akshay Shinde, Advocate for MHADA.

MANISH SURESHRAO THATTE Date: 2025.09.19 09:49:45 +0530 MANISH SURESHRAO THATTE Mr.Milind More, Additional G.P for State.

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

16th September 2025 P.C.

1.

These are two Contempt Petitions which allege intentional disobedience of the order dated 12th November 2024 by the Sub Registrar of Stamps, Kurla, Mumbai, inasmuch prima facie we find that the Sub Registrar of Stamps has overlooked the observations as made by the Court in the order in question dated 12th November 2024 passed on the writ petition, more particularly paragraphs 5 and 8.

2.

Prima facie, we find substance in the contentions urged by the Petitioners. However, before we proceed further, we accept the request of Mr.More, Additional Govt. Pleader to take instructions and more particularly considering the peculiar facts of the case as set out in detail in the order in question.

3.

At this stage we may observe that the MHADA has already written a clarificatory letter dated 20th August 2025 which according to the Petitioners has also been discarded by the Sub Registrar.

4.

Insofar as the lease deed between the MHADA and Petitioner society is concerned, the same be also forwarded to the Sub Registrar of Stamps, Kurla, Mumbai, if not already forwarded.

5.

Accordingly stand over to 22nd September 2025. High on board.

(AARTI SATHE, J.) (G. S. KULKARNI, J.)