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2021 Supreme(Bom) 283

S.J.KATHAWALLA, MILIND JADHAV, ABHAY AHUJA
Rustam Phiroze Mehta – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sharan Jagtiani, Ms. Shradha Achliya, Ms. Vinsha Acharya, Mr. Ranjit Agashe, Ms. Namrata Agashe.
For the Respondents: Mr. Kalel, Mr. Amit Gharte.

JUDGMENT :

S.J. KATHAWALLA, J.

1. By the above Writ Petition Shri Rustam Phiroze Mehta (‘the Petitioner’) has prayed or a writ in the nature of Mandamus or any other appropriate writ against Respondent Nos. 2 and 3, i.e. The Collector, Pune District and The Tahsildar, Pune City respectively, mandating them to comply with the Order-cum-Directions dated 15th April, 2019 issued by the Maharashtra Real Estate and Regulatory Authority, Mumbai. By an Order dated 20th January, 2021 the Petitioner was allowed to amend the Petition and seek further ad-interim/interim relies against Respondent No. 4 - Marvel Sigma Homes Private Limited which relies are sought in aid of the final relies.

2. Admit.

3. By this Order, we will consider whether the Petitioner is entitled to the following interim relies as sought in the present Writ Petition (as amended pursuant to Order dated 20th January, 2021):

    “(b)(ii) That pending the hearing and final disposal of the present Petition, Respondent No. 4 and/or its group companies, their officers, servants, agents, assigns, representatives and any other person, claiming through or under them, be restrained by a temporary injunction from directly or indirectly in any

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