- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.1380 OF 2008 SUMMONS NO.1380 OF 2008 SUMMONS NO.1380 OF 2008 IN IN IN SUIT SUIT SUIT NO.507 OF 2008 NO.507 OF 2008 NO.507 OF 2008 Sakinaben Fakir Mohammed Sayani & Ors. ...Plaintiffs vs. Amrali Fazalbhoy & Others ...Defendants And Milap Nagar Co-operative Hsg. Society (proposed) ...Applicant/ Intervenors Mr.Janak Dwarkadas sr.counsel a/w Mr.D.D.Madon sr.counsel a/w MroRohan Rajadhyaksha, Nilesh Tated i/b M/s.Mahimtura & Co.for the plaintiffs Mr.Clive D’Souza i/b M/s.Legal Associates for the defendant nos.1 and 3 Mr.Harinder Toor i/b Shiralkar & Co. for defendant Nos.7 to 11 and 13. Mr.Arif Bookwala a/w Venkata Krishna Kunduree i/b Kunduree & Kunduree for defendant Nos.4 and 5. Ms Snehal Shah a/w Mr.Raj Mehta i/b M/s.R.K.M.Legal for intervenors. CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 22,2008 : OCTOBER 22,2008 : OCTOBER 22,2008 P.C.: P.C.: P.C.: 1. The learned senior counsel appearing for the 4th and 5th defendants states that the said defendants intend to develop the suit property under the Regulation 33(1) of the Development Control Regulations for the City of Mumbai. As of today, there is no approval granted by the Slum Rehabilitation Authority to the scheme proposed by the 4th and 5th defendants. 2.In view of this position, at this stage this chamber summons need not be entertained. The chamber summons is accordingly disposed of with liberty to file a fresh chamber summons as and when the scheme under Regulation 33(1) is sanctioned by the Slum Rehabilitation Authority. - 2 - JUDGE JUDGE JUDGE