ORDER 1. In compliance with the Court’s order dated 29-2-20121

September 13th, 2013


1. In compliance with the Court’s order dated 29-2-20121 the petitioners have given out that Writ Petition No. 6550 of 2010 filed by them for issuance of a mandamus for regularisation of the construction is pending before the Bombay High Court. Keeping in view the observations made in our order dated 29-2-20121, we, consider it appropriate to suo motu order transfer of Writ Petition No. 6550 of, 2010 pending before-the Bombay High Court to this Court. Ordered accordingly.

2. The Registry of this Court is directed to send a communication to the Registry of the Bombay High Court for transmitting the record of Writ Petition No. 6550 of 2010 to this Court at the earliest.

3. The learned counsel have also furnished the details of the developers/builders from whom the members of the societies are said to have purchased the flats. The details of the builders/developers are as under:

SLP (C) No. 33471 of 2011

(a) PSB Construction Company Limited, 35, New Lalbagh Colony, Patiala, Punjab.

(b) Mr I.S. Chawla, 30, Apollo Street, Fort, Mumbai 400 023.

SLPs (C) Nos. 33601 and 33940 of 2011

Mr Yusuf Patel (deceased) through LRs

1. Mr Abdula Yusuf Patel

2. Mr Adil Yusuf Patel, both residents of A-1, Hashmi, Ground Floor, 24, Motlibai Street, Agripada, Mumbai 400008.

SLPs (C) Nos. 35402 and 35324 of 2011

M/s B.Y. Builders Pvt. Ltd., Plot No. 211, Dalamal Towers, Basement, Nariman Point, Mumbai 400 021.’

4. The aforesaid builders/developers are ordered to be impleaded as parties to the proceedings of the special leave petitions. Let notice be issued to the builders/developers, the details of whom have been mentioned hereinabove, for 23-4-2012. The notice be given dasti as well.

5. It shall be the petitioners’ duty to serve the builders/developers before the next date of hearing failing which the special leave petitions shall stand automatically dismissed.

Esha Ekta Apartments Cooperative Housing Society Limited v. Municipal Corporation of Mumbai[Bench Strength 2], SLPs (C) No. 33471/2011 with Nos. 33601, 33940, 35324 and 35402/2011(16/03/2012), 2013(5) SCC 395 [G.S. Singhvi, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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