Bombay High Court
RADHIKA K. MITHA AND ANRversusCLOUD 9 MAINTENANCE AND BETTERMENT SERVICES SAHAKARI GRUHA RACHANA SANSTHA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court disposed of the writ petition and directed the Co‑operative Court to take up the temporary injunction application expeditiously.
Summary
The petitioners, Radhika K. Mitha & Anr, filed a writ petition seeking relief against the respondents, Cloud 9 Maintenance & Betterment Services Sahakari Gruha Rachana Sanstha & Anr. They instructed that the application filed as Exhibit‑30 should not be pressed before the Co‑operative Court and instead requested that the Co‑operative Court take up the temporary injunction application filed as Exhibit‑5. The Court recorded these statements, disposed of the writ petition, and directed the Co‑operative Court to hear the temporary injunction application on an expeditious basis. No substantive merits of the underlying dispute were addressed; the order was purely procedural. The petition was therefore closed pending the Co‑operative Court’s decision on the injunction.
Issues considered
- Whether the petitioners may withdraw or not press the application filed as Exhibit‑30 before the Co‑operative Court
- Whether the Co‑operative Court should be directed to entertain the temporary injunction application filed as Exhibit‑5
Subjects
- writ petition
- temporary injunction
- co‑operative court
- procedural order
- withdrawal of application
Judgment
Priyanka 8-WP-10875-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10875 OF 2026
Radhika K. Mitha & Anr ...Petitioners
V/s.
Cloud 9 Maintenance & Betterment
Services Sahakari Gruha Rachana
...Respondents
Sanstha & Anr
________________
Mr. Sanjay Bhojwani a/w Mr. Naresh Parihar for the Petitioners.
Digitally
signed by
PRIYANKA
PRIYANKA MADHAVRAO
MADHAVRAO KALE
________________
KALE Date:
2026.08.29
18:17:53
+0530 CORAM: SANDEEP V. MARNE, J.
DATED: 28 AUGUST 2026.
P.C.:
1) Mr. Bhojwani, the learned counsel appearing for the
Petitioners, on instructions submits that, the Application at Exhibit-30
shall not be pressed before the Co-operative Court. The Petitioners shall
instead, request the Co-operative Court to take up for decision
Application at Exhibit-5 for temporary injunction.
2) Recording above statements made by Petitioners, Writ
Petition is accordingly disposed of.
3) Now, that the Petitioners are not pressing for decision of
Applications at Exhibit-22 and 27 on a priority basis, the Co-operative
Page No.1 of 2
28 August 2026
Priyanka 8-WP-10875-2026.docx
Court shall take up the Application for temporary injunction at Exhibit-5
for decision in an expeditious manner.
[SANDEEP V. MARNE, J.]
Page No.2 of 2
28 August 2026
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