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2025 DAILYLAW 76879 (BOM)

THE WESTERN EDGE-II PREMISES CO-OP SOC. LTD v. THE DISTRICT DEPUTY REGISTRAR CO-OP SOC. MUMBAI AND ORS

WP/6972/2023 · 2025-11-14

Sharmila U Deshmukh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

7-wp-6972-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6972 OF 2023 The Western Edge-II Premises Co.Op. Soc. Ltd. ...Petitioner Versus The District Deputy Registrar Co.Op. Soc. Mumbai and Others ...Respondents —————— Mr. Aashish Kamat, Senior Advocate i/b. Mr. Nehul Shah, Mr. Yatin Khochare and Ms. Nishita Joshi, for the Petitioner. Mr. Aspi Chenoy, Senior Advocate a/w. Yash Momaya, Mr. Munaf Virjee, Mr. Rushabh Parekh, Mr. Pranav Shetty i/b. AMR Law, for the Respondent No. 2. Mr. Simil Purohit, Senior Advocate a/w. Ms. Bhakti Mehta, Ms. Letishiya Chaturvedi i/b. Wadia Ghandy & Co., for Respondent No. 3. Ms. S. Crasto, AGP for the State. —————— CORAM : SHARMILA U. DESHMUKH, J. DATE : NOVEMBER 14, 2025 P. C. : 1. After hearing the learned counsel for the parties and perusing the impugned order, this Court finds that there were certain issues raised before the Competent Authority and not decided. Upon a query by this Court, the learned counsel for the parties are agreeable to remand of the application for Deemed Conveyance to the Competent Authority to be considered afresh. 2. In the light of the consesus arrived at, the impugned order dated Vishal Parekar 1 of 2 7-wp-6972-2023.doc 7th June, 2022 is hereby quashed and set aside. 3. Application No. 289 of 2021 is restored to the file of Competent Authority to be considered afresh. 4. All rights and contentions of all the parties are expressly kept open. 5. The Petitioner and Respondents are at liberty to file additional affidavits. 6. Needless to clarify that this Court has not gone into the merits of the matter and the application to be decided by the Competent Authority afresh without being influenced by the earlier order of 7th June, 2022 or by observations, if any, made in the present order. 7. Considering the facts of the case, the Competent Authority is requested to decide the application as expeditiously as possible. 8. Interim Application, if any, does not survive for consideration and stands disposed . [SHARMILA U. DESHMUKH, J.] Vishal Parekar 2 of 2