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2026 DAILYLAW 3538 (BOM)

ASHISH DATTATRAYA THORAT AND 2 ORS v. THE MUNICIPAL COMMISSIONER, BRIHAN MUMBAI MUNICIPAL CORPORATION AND 12 ORS

IA/616/2026 · 2026-08-24

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Judgment text

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14-IA-616-2026 (OS).DOC Mayur IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 616 OF 2026 In WRIT PETITION NO.1295 OF 2024 WITH INTERIM APPLICATION (L) NO. 12693 OF 2026 IN WRIT PETITION NO.1295 OF 2024 Ashish Dattatraya Thorat And 2 Ors …Applicants Versus The Municipal Commissioner, Brihan Mumbai Municipal Corporation And 12 Ors …Respondents Mr. Pradip kadam, a/w Mr. Hemant Hasnale, for the Applicants in WP/1295/2024. Mr. Rohan Sawant, i/b Law Loyals, for the Applicant in IA/616/2026. Mr. Shashikant Surana, i/b Mr. Madhur Surana, for the Applicant in IA(L)/12693/2026 in WP/1295/2024. Mr. Chaitanya Chavan, a/w Mr. Arvind Rathod, i/b Komal Punjabi, Ms. Pallavi Thakkar, for the Respondent-BMC. Ms. Yashi Bhatt, i/b Mr. Ravleen Sabharwal, for the Respondent- SRA. Ms. Kausar banatwala, a/w Ms. Riya Thakkar, i/b Tushar Goradia, for the Respondent No. 9. CORAM: SUMAN SHYAM & ADVAIT M. SETHNA, JJ. DATED: 24th AUGUST 2026. PC:- 1. Heard Mr. Kadam, learned counsel for the Writ Petitioner, MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.08.25 19:06:43 +0530 14-IA-616-2026 (OS).DOC who submits that, in view of the interim order dated 26th September 2025 passed by this Court in the present proceedings, the interest of his client is protected and, therefore, the matter be taken up for final hearing. 2. Mr. Sawant, learned counsel for the Applicant in Interim Application (L) No. 40259 of 2025, submits that his clients are vitally interested in the outcome of the Writ Petition and, therefore, they be impleaded in the Writ Petition and be permitted to file their reply. Similar submission is made by Mr. Surana, learned counsel for the sole Applicant in Interim Application (L) No. 12693 of 2026. 3. We have perused the statements made in both the applications. The Writ Petitioner has not opposed the applications by filing reply. Considering the nature of the controversy involved in the proceedings, in our view, the Applicants deserve to be impleaded and heard in the main matter. This, in our view, would also expedite the disposal of the Writ Petition and prevent multiplicity of legal proceedings. 4. As such, the Interim Applications are allowed in terms of prayer clause(s) (a). Consequently, it is ordered that the Applicants 14-IA-616-2026 (OS).DOC in Interim Application (L) No. 40259 of 2025 be impleaded as Respondent Nos. 13 to 15 in the connected Writ Petition, and the sole Applicant in Interim Application (L) No. 12693 of 2026 be impleaded as Respondent No. 16. The cause title in the writ petition be corrected accordingly. Reverification is dispensed with. 5. The newly impleaded Respondents are represented by their respective counsel. As such, no formal notice is required to be issued to them. 6. The newly impleaded Respondents to file reply in the writ petition by serving advance copy to the learned counsel for the Petitioner within four weeks, who shall be at liberty to file a rejoinder within two weeks thereafter. 7. Interim order, if any, to continue till the next date. 8. List the matter again on 19th October 2026. 9. The Interim Applications are disposed of accordingly. (ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.) {