The Maharashtra Housing And Area Development Authority vs. Bhartiya Vidya Bhavan (Bavla Compound) Co-Op. Housing Society And Ors. Etc

LISTED ON : 05.01.2016 BEFORE COURT NO.: 03 ITEM NO.:06

SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 1393013931 OF 2015 WITH PRAYER FOR INTERIM RELIEF WITH INTERLOCUTORY APPLICATION NOS. 3 AND 4 (Application for exemption from filing Official Translation)

THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY, AND ANR. ....PETITIONERS VERSUS-BHARTIYA VIDYA BHAVAN (BAVLA COMPOUND) COOP. HOUSING SOCIETY AND ORS. ETC. ...RESPONDENTS

OFFICE REPORT

The matter abovementioned was listed before the Hon'ble Court on 31st August,

2015 when the Court was pleased to pass the following Order:

"Perused the additional affidavit filed by the counsel for the petitioners.

Application seeking permission to urge additional questions of law grounds and submissions is granted.

Issue notice returnable in four weeks.

Ms. Anagha Desai, learned Advocate on Record, Mr. Sachin Pilot, Advocate and Mr. Ashish Wad for M/s. JS Wad & Co., Advocates, accept and waive formal notice for respondent Nos. 1,6 and 8 respectively.

Dasti service, in addition, is permitted to be effected on the remaining respondents.

Reply be filed by the respondents on whose behalf notice has been taken within two weeks. Rejoinder, if any, be filed within one week thereafter.

List the matters after four weeks."

Accordingly, show cause notice was issued to the respondent Nos. 2 to 5, 7 and 9 to 14 though registered A. D. post as well as by dasti in addition on 15.09.2015 and respondent Nos. 1, 6 and 8 are served through their respective counsel. Ms. Anagha S. Desai, Advocate for respondent No. 1 has filed counter affidavit alongwith application for exemption from filing Official Translation and the same has been included in the paperbooks. M/s. J. S. Wad & Co., Advocates for respondent No. 8 has on 04.01.2016 filed counter affidavit with the permission of the Hon'ble Court and the same is being circulated before the Hon'ble Court. Mr. Sachin Patil, Advocate has not filed

vakalatnama/appearance on behalf of respondent No. 6 so far. Mr. Abhijat P. Medh, Advocate has filed vakalatnama/appearance on behalf of respondent Nos. 9 and 12 but has not filed counter affidavit so far. A. D. cards duly signed have been received back from respondent Nos. 5, 7 and 14 but no one has entered appearance on their behalf so far. Neither A. D. card nor unserved cover containing the notice have been received back from respondent Nos. 2 to 4, 10, 11 and 13 so far. Counsel for the petitioner has also not filed affidavit of dasti service in respect of above said respondents so far.

It is further submitted that counsel for the petitioner has filed affidavit with the permission of the Hon'ble Court and the same is being circulated before the Hon'ble Court.

Service of notice is not complete on respondent Nos. 2 to 4, 10, 11 and 13 so far.

The matters above mentioned are listed before the Hon'ble Court with this office report.

Dated this the 04th day of January, 2016.

ASSISTANT REGISTRAR

Copy to:

Mr. Chirag M. Shroff, Advocate Ms. Anagha S. Desai, Advocate Mr. Abhijat P. Medh, Advocate M/s. J. S. Wad & Co., Advocates

L ASSISTANT REGISTRAR