Bombay High Court
State Bank Of India Staff Gulmohar ... vs Municipal Corporation Of Greater ... on 7 November, 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1571 OF 2019
State Bank of India Staff Gulmohar
Co-op. Housing Society Ltd. .. Petitioners
Vs.
Municipal Corporation of Greater Mumbai & Anr. .. Respondents
Mr. Rajesh G. Singh with Ms. Rutika Mody, Advocates, i/by Legal
Liaisons, for the Petitioners.
Ms. Oorja Dhond, i/by Ms. Komal Punjabi, Advocates for
Respondent No.1.
Mr. Shailendra Kanetkar (through V.C.) with Mr. Rahul Soman
and Mr. Sanmish Gala, Advocates, for Respondent No.2.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 7TH NOVEMBER 2025.
[ THROUGH HYBRID HEARING ]
P.C. :
This Writ Petition has been listed on Board at the instance of
the Registry in view of the order dated 23 rd September 2025
passed in a Petition for Special Leave to Appeal (Civil) No.8880 of
2025 titled "M/s. Amulya Shelters Pvt. Ltd. v. State Bank of India
Staff Gulmohar Co-operative Housing Society Ltd. & Anr.".
2. To recapitulate, a Division Bench of this Court after perusing
the impugned order and recording its prima facie satisfaction
admitted Writ Petition No.1571 of 2019 and granted interim relief
in terms of prayer clause (b) by the order dated 14 th February
2025. This order came to be corrected on 25 th February 2025
pursuant to a praecipe moved by the learned counsel for the
petitioners on 24th February 2025.
3. The order dated 14th February 2025, as corrected on 25th
February 2025, as noticed above, came to be challenged by
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M/s. Amulya Shelters Pvt. Ltd. and the following order has been
passed by the Hon'ble Supreme Court on 23 rd September 2025:
"1. Petitioner challenges the judgment and order dated 14.02.2025
as corrected by order dated 25.02.2025 in Writ Petition
No.1571/2019 passed by the High Court of Judicature at
Bombay, titled "State Bank of India Staff Gulmohar Co-operative
Housing Society Ltd. vs. Municipal Corporation of Greater
Mumbai & Anr.".
2. Having heard learned counsel for the parties and perused the
material available on record, we are of the considered view that
the interest of justice would be best met with the disposal of the
present petition in the following terms:
a) We confirm our interim order dated 21.04.2025, whereby
we had stayed the operation of the impugned
judgment/order dated 14.02.2025. The relevant
paragraph thereof is extracted as under:
"7.The operation of the judgment and order dated 14.02.2025
as corrected vide order 25.02.2025 in WP No.1571/2019
passed by the High Court of Judicature at Bombay shall
remain stayed, till the next date of listing."
b) We request the High Court to decide the matter
expeditiously, for we notice that the Writ Petition has
been pending consideration before the High Court since
2019. As such, we direct the parties to appear before
the High Court on 03.11.2025.
c) Needless to add, constructions carried out shall be
solely at the risk and consequences of the petitioner
and without claiming any equity.
3. Accordingly, the present Special Leave Petition is disposed of.
4. Pending application(s), if any, shall stand disposed of."
4. Before the Special Leave Petition filed by M/s. Amulya
Shelters Pvt. Ltd. was disposed of, the Hon'ble Supreme Court had
passed an interim order on 21st April 2025 in the following terms:
"7. The operation of the judgment and order dated 14.02.2025 as
corrected vide order 25.02.2025 in WP No.1571/2019 passed
by the High Court of Judicature at Bombay shall remain stayed,
till the next date of listing."
5. The learned counsel for the petitioners states that a praecipe
dated 10th October 2025 was moved for early listing of Writ
Petition No.1571 of 2019. Soon thereafter, the High Court was
closed for Diwali Vacations and this Writ Petition was therefore
not listed on 3rd November 2025, as directed by the Hon'ble
Supreme Court. The learned counsel for the petitioners submits
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that there is an urgency in this matter in view of the orders passed
by the Hon'ble Supreme Court.
6. However, Mr. Shailendra Kanetkar, the learned counsel for
the respondent no.2 is seeking adjournment for filing a reply-
affidavit in the matter.
7. The Municipal Corporation of Greater Bombay has also not
cared to file its reply-affidavit.
8. This was on 14th February 2025 when Writ Petition No.1571
of 2019 was admitted for hearing and an interim order in terms of
prayer clause (b) was granted.
9. Having regard to an inordinate delay on the part of the
respondents to file their reply-affidavits, we are inclined to grant
one week's time only to the respondents to submit their reply-
affidavits on payment of costs of Rs.50,000/- each to be paid to
the Armed Forces Battle Casualties Welfare Fund within a period
of three weeks. The account details are as under:
Account Name : Armed Forces Battle Casualties
Welfare Fund
Account Number : 90552010165915
Bank Name : Canara Bank
Branch : South Block, Defence
Headquarters : New Delhi - 110011
IFSC Code : CNRB0019055
10. A rejoinder-affidavit, if any, shall be filed on or before 21 st
November 2025.
11. Post this matter on 25th November 2025 under the heading
"For Final Hearing", to be taken up at 3:00 p.m.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]
Digitally
signed by
SNEHA
ABHAY DIXIT
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DIXIT Date:
2025.11.11
11:42:10
+0530
