D. N. Nagar Sai Krupa Co-Operative Housing Society Ltd. v. Union Of India, Through The Secretary, Ministry Of Civil Aviation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2025.07.25 15:21:42 +0530 TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3089 OF 2025 IN WRIT PETITION (L) NO.5347 OF 2022 D.N.Nagar Sai Krupa Co-operative Housing Society Ltd.

.. Applicant In the matter between D.N.Nagar Sai Krupa Co-operative Housing Society Ltd.

.. Petitioner

Versus

Union of India, through the Secretary, Ministry of Civil Aviation and Ors. .. Respondents Mr.Nishant Chothani a/w Ms.Sneha Patil i/b M/s.Maniar Srivastava Associates,Advocate for the Petitioner.

Mr.Y.R.Mishra a/w Mr.Upendra Lokegaonkar a/w Mr.Sachidanand T. Singh, Advocate for the Respondent No.1.

Mr.Ajay G. Khaire, Advocate for the Respondent Nos.2 to 4.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 30 days and to restore the above Writ Petition to the file of this

Court. The other relief sought is to dispense with the 1st objection raised by the Registry regarding furnishing the Power of Attorney/Authority Letter/Board Resolution of the erstwhile developer and whose services have now been terminated by the Society and consequently, the Developer has been deleted as Petitioner No.2 in the above Writ Petition. 2.

Having heard the learned counsel for the parties, and for the reasons stated in the Application, we set aside the Order dated 6th May 2025 passed by the Prothonotary and Senior Master dismissing the above Writ Petition for non-removal of office objection and restore the above Writ Petition to the file of this Court. We also dispense with the 1st objection raised by the Registry on 24th February 2022. As far as all other office objections are concerned, the Advocates for the Petitioners shall remove the same, if any, within a period of two weeks from today, failing which the above Writ Petition shall stand dismissed without further reference to the Court. It is needless to clarify that since the Writ Petition is restored, any interim orders passed in the Writ Petition shall also be restored. 3.

Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

4.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]