(A.M. Khanwilkar and Dinesh Maheshwari, JJ.)
Lucky Star Cooperative Housing Society Ltd. ___________ Appellant;
v.
Omkar Realtors and Developers Pvt. Ltd. and Others ___ Respondent(s).
Civil Appeal No. … of 2021 (Arising out of SLP(C) No. 28139 of 2020), decided on February 16, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal takes exception to the judgment and order dated 20.06.2019 passed by the High Court of Judicature at Bombay in Writ Petition No. 1545 of 2015 as corrected on 06.08.2019.
4. The High Court allowed the Writ Petition by observing that what has been granted by the competent authority under the certificate of deemed conveyance is much more than what is sought in the prayers of the application. The High Court has not recorded the specific reason as to why that finding has been reached.
5. To observe sobriety, we may only note that the order is unintelligible as diverse grounds have been urged by the parties to assail the said finding which ought to have been examined by the High Court, in the first place and a clear finding recorded before allowing the writ petition.
6. Accordingly, we set aside the impugned judgment and order and restore the writ petition to the file of the High Court for being considered afresh on its own merits and in accordance with law.
7. It will be open to the appellant to bring on record subsequent events and seek further relief, as may be advised which be considered by the High Court appropriately, after giving opportunity to both the sides.
8. We are not expressing any opinion either way on the merits of the contentions available to both the sides in the writ petition or further reliefs that may be sought.
9. All contentions available to the parties are left open.
10. The parties may appear before the High Court on 02.03.2021.
11. We request the High Court to dispose of the writ petition expeditiously and if it is not possible to finally dispose of the writ petition, pass appropriate interim directions, as may be necessary.
12. The appeal is disposed of in the above terms.
13. Pending applications, if any, stand disposed of.
Petition(s) for Special Leave to Appeal (C) No(s). 28139/2019
M/s. Lucky Star Cooperative Housing Society Ltd _________ Petitioner
v.
M/s. Omkar Realtors and Developers Pvt. Ltd. & Ors ___ Respondent(s)
IA No. 5855/2021 – APPROPRIATE ORDERS/DIRECTIONS
IA No. 182902/2019 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 187709/2019 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 16-02-2021 These matters were called on for hearing today.
(Before A.M. Khanwilkar and Dinesh Maheshwari, JJ.)
For Petitioner(s) Ms. V. Mohana, Sr. Adv.
Ms. Astha Tyagi, AOR
Ms. Madhu Sweta, Adv.
Ms. Shivangi Khanna, Adv.
Ms. Ankita Shatma, Adv.
Ms. Subhashree Mohapatra, Adv.
Ms. Nikita Capoor, Adv.
Mr. Siddharth Raj Agarwal, Adv.
For Respondent(s) Mr. Gaurav Agrawal, AOR
Mr. Sachin Patil, AOR
Mr. Rahul Chitnis, Adv.
Mr. Aaditya A. Pande, Adv.
Mr. Geo Joseph, Adv.
Mr. Garvesh Kabra, AOR
Mr. Abhinav Ramkrishna, AOR
UPON hearing the counsel the Court made the following
ORDER
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