Labha Shubha Properties Pvt.Ltd v. Municipal Corporation for Greater Mumble & Ors.

Mr. R.D. Soni with Mr. A.R. Shaikh for the Petitioners Mrs. A.K. Shaves for Respondent No.1. Mr. G.W. Mattos, GAP for Respondent No.2. Mr. G.N. Scalene, for Respondent No.3. Mr. R.C.Bhide, General Secretary of Respondent No.4 present in person. CORAM: F.I.F.I.F.I. REBELLO REBELLO &&& REBELLO ANOOP V. MOHTA, JJ. V. MOHTA, JJ. ANOOP ANOOP V. MOHTA, JJ. DATE: 18TH SEPTEMBER 2006 P.C. . It appears that the respondent No.3 was appointed as the Developer by respondent No.4. Respondent No.3 it appears entered into a joint venture with the petitioner. By notice dated 15th February, 2006 the respondent No.3 has informed the petitioner that the joint venture is terminated and also revoked the Power of Attorney.

#2. It is the case of the petitioner that they have approached this Court in respect of the stop work notice issued by Respondent No.2. That stop work notice is issued by Respondent No.4. In our opinion considering these facts we do not propose to entertain the petition at the instance of the petitioner. We however make it clear that if the respondent No.4 approaches this Court that will be considered independently on its own merits. It will be open to the petitioner if they have any grievance against the respondent No.3 to ventilate their grievance elsewhere. With the above observation petition disposed of. (F.I. REBELLO, J) REBELLO, J) (F.I. (F.I. REBELLO, J) (ANOOP ANOOP V. MOHTA,J). V. MOHTA,J). ANOOP V. MOHTA,J).