SUKHSHANTI CO-OPERATIVE HOUSING SOCIETY LTD. MUMBAI vs NISHANT M. MAHIMTURA AND 3 ORS.

Judgment text excerpt

sbw 3-oswp-2393-2006+(J).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2393 of 2006 WITH NOTICE OF MOTION NO. 496 OF 2007 Sukhshanti Co-operative Housing Society Ltd., through their Hon. Secretary Mr. (Dr.) H.S. Bhatia Indian Inhabitant, having their registered office at 19, Peddar Road, Mumbai – 400 026. … Petitioner. V/s. 1. Mr. Nishant M. Mahimtura Indian Inhabitant residing at Chandan, 62-B, Pedder Road, Mumbai – 400 026. 2. Mr. Riyaz Ganji Indian Inhabitant carrying on business At Flat No. 2, Ground Floor, Shanti No.3, at 19, Pedder Road, Mumbai 400 026. 3. Municipal Corporation of Greater Mumbai, (A Corporation Constitution) under the B.M.C. Act, 1888 having its office at Mahapalika Bhavan Mahapalika Marg, Fort, Mumbai – 400 001. 4. Municipal Corporation of Greater Mumbai, (A Corporation Constitution) under the B.M.C. Act, 1888 having its branch office at “D” ward Municipal office, at Jobanputra Compound, Nana Chowk, Mumbai 400 007. …Respondents. Digitally signed 1/18 by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date: 2025.01.22 17:13:44 +0530 sbw 3-oswp-2393-2006+(J).doc Mr. Kunal M. Patel a/w Mr. Vijaykumar Mishra for the Petitioner. Mr. Shashank Dubey for Respondent Nos.1 & 2. Ms. Pooja Khandeparkar a/w Ms. S.V. Tondwalkar i/by Ms. Komal Punjabi for the Respondent-BMC. Mr. Dilip Aahire (Designated Officer ‘D’ Ward) – present. Shri Dheeraj Kaunde, A.E. (B&F) ‘D’ Ward – present. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 6th January, 2025. PRONOUNCED ON : 21st January, 2025. JUDGMENT (Per Kamal Khata, J.):- 1) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks the following prayers. “(a) that this Hon’ble Court may be please to issue a writ of mandamus/directio