1 (WP 8782 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8782 OF 2010 M.D. Sugavkar ….Petitioner Vs. Shree Sai Niketan Co-operative Housing Society Ltd. and Ors. ….Respondents ----- Mr.M.D. Sugavkar for Petitioner ----- CORAM: V.M. KANADE J. DATED: 12TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondents though they were served. 2. The learned Counsel for the Petitioner submits that by the impugned order, the Co-operative Appellate Court was pleased to impose cost. It is submitted that imposition of cost was not warranted. Secondly, the 2 (WP 8782 of 2010) Petitioner is also seeking an order of this Court dated 23rd November, 2010 for expunging the remarks made by the Lower Appellate Court in paragraph 9 of the impugned order. 3. In my view, taking into consideration the facts and circumstances of the case, the Lower Appellate Court was not justified in imposing the cost nor was justified in making observations in paragraph 9 of the said order. 4. Writ Petition, therefore, is allowed in terms of prayer clauses (b) and (d) and disposed of. (V.M. KANADE J.)