SHEIKH AMIN AKHTAR AND ANR. vs THE STATE OF MAHARASHTRA AND ORS.

Judgment text excerpt

11.LPA.244.2011.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.244 OF 2011 IN WRIT PETITION NO.1461 OF 2011 1. Sheikh Amin Akhtar, Flat No.E/70, Ground Floor North Bombay Co-op.Hsg.Cociety Ltd. Juhu Tara Road, Juhu, Mumbai-400 049. 2. Kayur Shastri, R/o.Flat No.702, Suyog Darshan Co-op.Hsg.Society Plot No.5, S.No.83, Off.Yari Road, Versova, Andheri (W), Mumbai, presently residing at Moti Pandya Khadaki, Near Golwad Gate, Navsari, Gujarat. Appellants versus 1. The State of Maharashtra 2. Suyog Darshan Co-operative Housing Society Ltd. Through its Chairman, Plot No.5, S.No.83, Off.Yari Road, Versova,Andheri (W), Mumbai. 3. Sunil Chalke, Secretary, Suyog Darshan Co-operative Housing Society Ltd. Plot No.5, S.No.83, Off.Yari Road, Versova,Andheri (W), Mumbai 4. Gautam Hiranandani, Court Receiver, Flat No.3, Ground Floor, Nutx Co-op. Hsg.Society Ltd. Saraswat Colony, Niwad Road, Behind St.Lawrence School, Santacruz (W), Mumbai-400 054. 5. Mohan R.Kubal, 14, 338, Sector 7, CGS Colony, Antop Hill, Mumbai-400037. 6. Snehalata Jaiswal, G.F.002, Parasrampuria Tower no.5, Off.Link Road, Lokhandwala Complex, Andheri (West), Mumbi-400 053. Respondents _______ Mr.Mandar Soman for Appellants. Mrs.M.P.Thakur, AGP, for Respondent no.1 State. Mr.Vinod L.Desai for Respondent no.5. Digitally signed by MANISH MANISH SURESHRAO SURESHRAO THATTE THATTE Date: 2026.02.11 _______ 19:13:47 +0530 Page 1 of 21 M.S.Thatte 11.LPA.244.2011.DOC CORAM: G. S. KULKARNI & AARTI SATHE, JJ. Date of Reserving the Judgment : 9th January 2026 Date of Pronouncing the Judgment : 11th February 2026 JUDGMENT (Per : Aarti Sathe, J.) :- 1. This Letters Patent Appeal is directed against the judgment and order dated 13th June 2011 (hereinafter referred to as the impug