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2022 Supreme(SC) 1427

INDIRA BANERJEE, A. S. BOPANNA
Satwaratna Co-op Housing Society Ltd. – Appellant
Versus
Bharat Petroleum Corporation Ltd. – Respondent


Advocates appeared:
Mr. Rishi Malhotra, Advocate, Mr. V. Hari Pillai, Advocate, For the Appellant / Mr. K.M. Natraj, ASG, Mr. Sumit Goel, Advocate, Ms. Rashi Gupta, Advocate, Mr. Manu Bajaj, Advocate, for M/S. Parekh & Co., Advocate, Mr. Ashish Wad, Advocate, Mr. Harshad Pimple, Advocate, Ms. Tamali Wad, Advocate, Mr. Sidharth Mahajan, Advocate, Ms. Sukriti Jaggi, Advocate, Mr. Ayush P. Shah, Advocate, M/S. J. S. Wad And Co., Advocate, Mr. Sashibhushan P. Adgaonkar, Advocate, Mr. Rahul Chitnis, Advocate, Mr. Sachin Patil, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, For the Respondent.

JUDGMENT

Indira Banerjee, J. - Leave granted.

2. This appeal is against a judgment and order dated 25.04.2019 passed by the Division Bench of the High Court of Judicature at Bombay, allowing Writ Petition No. 1515 of 2017 filed by the Respondent No.1-Bharat Petroleum Corporation Limited and quashing an order passed by the Municipal Commissioner, Municipal Corporation of Greater Mumbai, granting permission for redevelopment of a building to M/s. Satwaratna Cooperative Housing Society Limited being the Appellant No. 1 before us, and hereinafter referred to as the Appellant-Society, subject to the conditions specified in the said order.

3. Sometime in 1972-73, a residential building consisting of Ground + three floors was constructed on Survey No. 103, Hissa No. 15 bearing CTS No. 35 and 39 at Village Mahul, Taluka Chembur, Mumbai Suburburn District, Mumbai. As the building was over 40 years old and in a dilapidated condition, the Appellant-Society obtained consent of all its members and appointed the second appellant, i.e., M/s. Kishraj Developers, hereinafter referred to as the Appellant-Developer to redevelop the building. A registered Development Agreement was accordingly executed be

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