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2022 Supreme(Online)(Bom) 3634

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE R.D. DHANUKAHON'BLE JUSTICE KAMAL KHATA
KAALKA REAL ESTATE PRIVATE LIMITED AND ANR – Appellant
Versus
MUNICIPAL CORPORATION OF GREATER MUMBAI AND 2 ORS – Respondent


JUDGMENT

(Per R.D.Dhanuka, J.):-

By this petition filed under Article 226 of the Constitution of India, the petitioners seek a writ of mandamus directing the respondents to consider and decide the new application No. P- 12001/2022/K/W Ward/FP/342/1/New dated 11th July, 2022 under section 44 of the MRTP Act filed by the petitioners in accordance with law and on its own merits. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. M/s.Artline Properties Pvt. Ltd. was the original owner of Aadish Bungalow at CTS Nos. 997 and 997A of Juhu, Mumbai. The said M/s.Artline Properties Pvt. Ltd. has been amalgamated and merged into the petitioner no.1 company on 18th October, 2017. The petitioner no.1 company is a closely held family concern of Mr. Narayan Rane and his family who held shares in the petitioner company. It is the case of the petitioners that by an indenture made at Mumbai on 25th April, 2006, Mr.Piroj Nowroji Dagora and Ms.Banoo Nowroji Daroga granted lease of the land and premises admeasuring about 1080.2 square meters or thereabouts of the land being part of Plot No.12 and bearing C.T.S.No. 997 and 997A, Santacruz Town Planning Scheme No.2. Th

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