Bombay High Court
IA/4379/2021 of MALLAYYA LAXMAYYA DULAM Vs MAHARASHTRA HOUSING AND AREA DEVELOPEMENT AUTHORITY AND ANOTHER on 31 December 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4379 OF 2021 IN APPEAL FROM ORDER NO. 523 OF 2021 Mallayya L. Dulam …Applicant/Appellant V/s. Maharashtra Housing and Area Development Authority and anr. ...Respondents. Mr. Ganesh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Digitallysigned byDINESH CIVIL APPELLATE JURISDICTIONDINESHSADANANDSADANANDSHERLASHERLADate:2021.12.31 INTERIM APPLICATION NO. 4379 OF 202114:23:05+0500
INAPPEAL FROM ORDER NO. 523 OF 2021
Mallayya L. Dulam …Applicant/Appellant
V/s.Maharashtra Housing and Area Development Authority and anr.
...Respondents.
Mr. Ganesh Murthy i/b Kulkarni Law Associates LLP for theApplicant.None present for the Respondents.
P.C. :
CORAM :N.R. BORKAR, J.DATE :31[st] DECEMBER, 2021. (VACATION COURT)
1. According to the applicant, he was working in MumbaiTextile Mills from 1.6.1978 to 23.10.2003. As a mill worker, MHADAallotted him residential premises at New Hind Compound BuildingNo.5-A, 15[th] Floor, Room No. 1509, Mazgaon, Mumbai. According tothe applicant, certain documents were required to be submittedpursuant to the said allotment, however, due to illness, he couldnot submit the said documents to the defendant - MHADA within astipulated period. The applicant has stated that due to non-submission of documents within stipulated period, the defendant -MHADA cancelled the said allotment. He thereafter fled an application dated 28.9.2019 and sought time to submit thedocuments, however, the concerned ofcers from MHADA told himthat unless and until the appropriate order is brought from theappropriate Court, they will not consider his application forallotment of suit premises.
2. The applicant has stated that he came across the news itempublished in Loksatta Newspaper dated 10.12.2021 that thedefendant – MHADA had extended the date for submission ofdocuments till 31.12.2021. It is stated that the applicant thusapproached the concerned Ofcer from MHADA, however theconcerned Ofcer refused to accept the documents on thepremise that the matter is pending in the Court.
3. Considering the facts and circumstances, the defendant-MHADA without prejudice to the rights of the parties shall acceptthe documents of the applicant.
4. In the aforesaid terms, Interim Application is disposed of.
[N.R.BORKAR, J.]
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