Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.