Bombay High Court
ASHISH DATTATRAYA THORAT AND 2 ORSversusTHE MUNICIPAL COMMISSIONER, BRIHAN MUMBAI MUNICIPAL CORPORATION AND 12 ORS
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court allowed the interim applications and ordered the impleadment of the applicants as respondents in the writ petition.
Summary
The High Court considered interim applications seeking the impleadment of additional parties in Writ Petition No.1295 of 2024. The petitioners argued that an earlier interim order protected their interests and the matter should proceed to final hearing, while the applicants in the interim applications sought to be joined as respondents to protect their interests. The Court noted that the petitioners had not opposed the applications and, to avoid multiplicity of proceedings, allowed the impleadment of the applicants as respondents. Consequently, the Court ordered that the applicants in Interim Application (L) No.40259 of 2025 be impleaded as Respondents Nos.13‑15 and the applicant in Interim Application (L) No.12693 of 2026 as Respondent No.16, with appropriate amendment of the cause title. The newly impleaded respondents were directed to file replies within four weeks and were exempted from formal notice, and the interim applications were disposed.
Issues considered
- Whether the applicants in the interim applications should be impleaded as respondents in the main writ petition
- Whether formal notice is required to be served on newly impleaded respondents
Subjects
- impleadment
- interim application
- writ petition
- civil procedure
- procedural law
- jurisdiction
Judgment
14-IA-616-2026 (OS).DOC
Digitally
signed by
MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.08.25
19:06:43
+0530
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 616 OF 2026
In
WRIT PETITION NO.1295 OF 2024
WITH
INTERIM APPLICATION (L) NO. 12693 OF 2026
IN
WRIT PETITION NO.1295 OF 2024
Ashish Dattatraya Thorat And 2 Ors …Applicants
Versus
The Municipal Commissioner, Brihan Mumbai …Respondents
Municipal Corporation And 12 Ors
Mr. Pradip kadam, a/w Mr. Hemant Hasnale, for the Applicants in
WP/1295/2024.
Mr. Rohan Sawant, i/b Law Loyals, for the Applicant in
IA/616/2026.
Mr. Shashikant Surana, i/b Mr. Madhur Surana, for the Applicant
in IA(L)/12693/2026 in WP/1295/2024.
Mr. Chaitanya Chavan, a/w Mr. Arvind Rathod, i/b Komal Punjabi,
Ms. Pallavi Thakkar, for the Respondent-BMC.
Ms. Yashi Bhatt, i/b Mr. Ravleen Sabharwal, for the Respondent-
SRA.
Ms. Kausar banatwala, a/w Ms. Riya Thakkar, i/b Tushar Goradia,
for the Respondent No. 9.
CORAM: SUMAN SHYAM &
ADVAIT M. SETHNA, JJ.
DATED: 24th AUGUST 2026.
PC:-
1. Heard Mr. Kadam, learned counsel for the Writ Petitioner,
Page 1 of 3
14-IA-616-2026 (OS).DOC
who submits that, in view of the interim order dated 26 th
September 2025 passed by this Court in the present proceedings,
the interest of his client is protected and, therefore, the matter be
taken up for final hearing.
2. Mr. Sawant, learned counsel for the Applicant in Interim
Application (L) No. 40259 of 2025, submits that his clients are
vitally interested in the outcome of the Writ Petition and,
therefore, they be impleaded in the Writ Petition and be permitted
to file their reply. Similar submission is made by Mr. Surana,
learned counsel for the sole Applicant in Interim Application (L)
No. 12693 of 2026.
3. We have perused the statements made in both the
applications. The Writ Petitioner has not opposed the applications
by filing reply. Considering the nature of the controversy involved
in the proceedings, in our view, the Applicants deserve to be
impleaded and heard in the main matter. This, in our view, would
also expedite the disposal of the Writ Petition and prevent
multiplicity of legal proceedings.
4. As such, the Interim Applications are allowed in terms of
prayer clause(s) (a). Consequently, it is ordered that the Applicants
Page 2 of 3
14-IA-616-2026 (OS).DOC
in Interim Application (L) No. 40259 of 2025 be impleaded as
Respondent Nos. 13 to 15 in the connected Writ Petition, and the
sole Applicant in Interim Application (L) No. 12693 of 2026 be
impleaded as Respondent No. 16. The cause title in the writ
petition be corrected accordingly. Reverification is dispensed with.
5. The newly impleaded Respondents are represented by their
respective counsel. As such, no formal notice is required to be
issued to them.
6. The newly impleaded Respondents to file reply in the writ
petition by serving advance copy to the learned counsel for the
Petitioner within four weeks, who shall be at liberty to file a
rejoinder within two weeks thereafter.
7. Interim order, if any, to continue till the next date.
8. List the matter again on 19th October 2026.
9. The Interim Applications are disposed of accordingly.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.)
{
Page 3 of 3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.