Vasudev darra & ors vs the registrar general & ors

906-oswpl-20397-2021-with-ia-2326-2021-J.doc

Shephali

REPORTABLE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION (L) NO. 20397 OF 2021

1.

Vasudev Darra

Having his address at Room No. 5,

Bldg. No. 392 & Room No. 4, Bldg 391,

Ground Floor, Multani Chawl,

Umed Ashram Lane, SV Road, Borivali

(W), Mumbai - 92

2.

Rajendra Laheja,

Having his address at Room No. 06 &

07, Bldg. No. 392, Ground Floor,

Multani Chawl, Umed Ashram Lane,

SV Road, Borivali (W), Mumbai – 92.

3.

Ranjeet Ramchand Bathija,

Heir of Shilu Bathija

Having his address at Room No. 14,

Bldg No. 392, First Floor, Multani

Chawl, Umed Ashram Lane, SV Road,

Borivali (W), Mumbai - 92

4.

Ravi R Chhabria,

being the heir and Legal Representative

(of late Janki Nichani) having his

Address at Room No. 04, Bldg. No.

392, Ground Floor, Multani Chawl,

Umed Ashram Lane, SV Road,

Page 1 of 58

2nd December 2021

SHEPHALI

SANJAY

MORMARE

Digitally signed by

SHEPHALI

SANJAY

MORMARE

Date: 2021.12.07

10:46:13 +0530

Vasudev darra & ors vs the registrar general & ors

906-oswpl-20397-2021-with-ia-2326-2021-J.doc

Borivali (W), Mumbai - 92

5.

Maya Hargundas Hasrajani,

Heir of Sushila Daulatram Wadhawa,

Having her address at Room No.: 15 &

16, Bldg. No. 392, First Floor,

Multani Chawl, Umed Ashram Lane,

SV Road, Borivali (W), Mumbai - 92

6.

Sanjay R Chhabria

Heir and legal Representative of

IshaDevi Alias Iswari Devi having her

address at Room No.: 03, Bldg. No.

392, Ground Floor, Multani Chawl,

Umed Ashram Lane, SV Road,

Borivali (W), Mumbai - 92

7.

Lata R Chhabria

being the legal heir and Legal

Representative of Lilavati Hinduja,

having her address at Room No. 05 &

06, Bldg. No. 391, First Floor,

Room No. 07 & 08, Bldg. No. 390, First

Floor, and Room No. 04, Ground Floor,

Bldg No. 393, Multani Chawl, Umed

Ashram Lane, SV Road, Borivali (W),

Mumbai - 92

8.

Mukesh V Hiranandani

Having his address at Room No. 07,

Bldg No. 393, Ground Floor, Multani

Chawl, Umed Ashram Lane, SV Road,

Borivali (W), Mumbai - 92

…Petitioners

~ versus ~

1.

The Registrar General,

Hon’ble Bombay High Court,

Page 2 of 58

2nd December 2021

Vasudev darra & ors vs the registrar general & ors

906-oswpl-20397-2021-with-ia-2326-2021-J.doc

High Court Building, Fort, Mumbai

2.

The Master & Asst.

Prothonotary (Adm.),

O.S. Writ Petition Department,

Bombay High Court, PWD Building,

Fort, Mumbai

3.

Aakar Infraprojects Pvt

Ltd,

A Private Limited Company duly

incorporated under the provisions of

Company Act 1 of 1956 and having its

address at Shangri-La Apts, LT Road,

Borivali (W), Mumbai 400092.

4.

Kiran Amubhai Shah,

Of Mumbai, Indian Inhabitant,

A Director of Petitioner 1 above named

having its address at Shangri-La Apts.,

LT Road, Borivali (W), Mumbai 400

092

…Respondents

WITH

INTERIM APPLICATION NO. 2326 OF 2021

IN

WRIT PETITION (L) NO. 20397 OF 2021

APPEARANCES

for the petitioner

Mr Vijay Kurle, with Samkit Shah.

for respondents nos.

1 & 2

Mr SR Nargolkar.

for respondent no.3

Mr Anuj Desai, i/b DM Legal

Associates.

registrar (writ)

present

Mrs Pooja Bhaidkar.

Page 3 of 58

2nd December 2021

Vasudev darra & ors vs the registrar general & ors

906-oswpl-20397-2021-with-ia-2326-2021-J.doc

CORAM : G.S.Patel &

Madhav J Jamdar, JJ

DATED : 2nd December 2021

ORAL JUDGMENT (

Per GS Patel J)

:-

1.

Is the power of the Chief Justice of a High Court, as the

Master of the Roster, constrained by the present sitting assignment

or roster and any directions contained in it? Is an order of the Chief

Justice, again in his capacity as the Master of the Roster, assigning a

class of matters or even a single matter to a particular Bench

justiciable and subject to judicial review? Once a roster is published

with certain directions, is the Chief Justice’s power to assign any

particular matter limited or restricted by those directions? These are

some of the questions that are placed for our consi