ssp 1 WP 1605 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1605 OF 2011 Silvex Developers Private Ltd. and Ors. .....Petitioners versus Mumbai Housing and Area Development Board and Ors. ..... Respondents Mr.Rafiq Dada, Senior Advocate a/w Mr.Milind Sathe, Senior Advocate with Mr.Mukul Taly, Ms.Mallika Taly, Mr.Shaikh Yusuf Ali, Mr.Rakesh Misar i/by S.Mohamedbhai and Co., for the petitioners. Mr.P.G.Lad, AGP, for respondent Nos.1 and 2. Mr.Nitin Gangal i/by Mr.Anup Deshmukh, for respondent Nos.4, 8 to 10. Mr.G.S.Bhat, for respondent Nos.5 and 6. Ms.M.K.Koli, C.A. of respondent No.7 in-person. Respondent Nos.3 and 11 present in-person. CORAM: P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE: 10 th OCTOBER, 2011 P.C. 1. It is pointed out that some of the respondents have already approached the Co-operative Court by way of raising a dispute under the Maharashtra Co-operative Societies Act, 1960. The constituted attorney of respondent No.7 who is present in-person submits that the dispute filed by respondent No.7 is to come up on 15-10-2011. 2. By way of this petition, it is prayed that the respondent No. 1 may proceed under Section 95(A) of the Act, regarding evicting the concerned respondents from the premises in question in view of the fact ssp 2 WP 1605 of 2011 that the development scheme has already been approved by the MHADA. The constituted attorney of respondent No.7 submits that she has already raised a dispute before the Co-operative Court regarding right of the society to develop the property and the case is fixed for hearing on 15-10-2011. 3. The learned counsel for respondent Nos.5 and 6 submits that the said respondents have already filed proceedings before the Co- operative Court and they are going to apply for interim protection. 4. By an order dated 17-08-2011 passed in Writ Petition No. 1326 of 2011, the learned Single Judge of this Court has granted interim protection for a period of eight weeks, which is likely to come to an end on 12-10-2011. Considering the said aspect, it is directed that in case any application for interim protection is made by the concerned respondents, before the Co-operative Court, it shall decide the same in accordance with law and after hearing the concerned parties and on this issue, we do not express any opinion in any manner. If the interim protection is granted, naturally the MHADA cannot proceed further under Section 95(A). However, if it is not granted, the MHADA shall be free to proceed in accordance with law after a period of one week from the refusal of the interim protection by the Co-operative Court, against the concerned respondents. In case the application for interim relief is not filed, it will ssp 3 WP 1605 of 2011 be open to the concerned respondents to file such an application within a period of two weeks from 15-10-2011. It is clarified that in case if any interim relief application is preferred, the MHADA shall be free to take action in accordance with law after hearing concerned parties. 5. With the aforesaid observations, the writ petition is disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )