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2001 Supreme(Guj) 875

B.C.PATEL, RAVI R.TRIPATHI
Centre Point Welfare Association – Appellant
Versus
Nita International – Respondent


Advocates Appeared:
For the Petitioners:A.J. Patel with S.A. Desai, Advocates
For the Respondent:D.D. Vyas of Vyas Associates, Amit M. Panchal, Advocate

JUDGMENT :

B.C. Patel, J.

Special Civil Application No. 8931 of 2000 has been filed by Centre Point Welfare Association. S.C.As. No. 8553 of 2000 and 8781 of 2000 have been filed by the Nita International. Spl. C.A. No.8930 of 2000 has been filed by Nijhawan Travels Pvt. Ltd., occupier of shops No. 54 and 48.

2. On 17/8/2000 it was stated before the Court by the learned counsel appearing for the Centre Point Welfare Association-occupiers, (hereinafter referred to as "Association" or "Occupiers") that all the 4 complexes i.e. A, B, C and D shall not be used for the purpose other than residence and they shall discontinue the use as office complex by mid-night of Sunday - 20/8/2000.

3. On 1/9/2000 the Court passed an order in Civil Application No. 7851 of 2000 to the effect that the matter is already pending before the Apex Court and hence the Court is not in a position to pass any order more particularly when the cognisance is already taken by the Apex Court.

4. S.C.A. No. 8781 of 2000 was filed by Nita International for quashing and setting aside the notice dated 20/7/2000 u/s. 260 (1) of the Bombay Provincial Municipal Corporations Act (for short 'the BPMC Act') and notice u/S. 260 (2)

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