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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.)
                                                                       {




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