ARYADEEP INVESTMENT AND HOLDING PRIVATE LIMITED, THROUGH ITS DIRECTOR ANTONIO TRINDADEversusMUNICIPAL CORPORATION OF GREATER MUMBAI

                                                                                              8-WP.482.2025.doc

        Salunke
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
JAYANT
VISHWANATH
SALUNKE
                                          WRIT PETITION NO. 482 OF 2025
Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.09.23
11:19:35 +0530        Aryadeep Investment and Holding                 }
                      Private Limited & Anr.                          }     Petitioners
                            Versus
                      Municipal Corporation of Greater                }
                      Mumbai & Ors.                                   }     Respondents

                      Mr. Bhavin Gada with Mr. Aditya Tawde i/b. Solicis Lex,
                      Advocates for the Petitioners.
                      Ms. K. H. Mastakar, Advocate for Respondents-BMC.
                      Ms. Darshna Naval              (through       VC),   Advocate     for
                      Respondent No. 3.

                                    CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                            ADVAIT M. SETHNA, J.

                                    DATE       : 22nd SEPTEMBER, 2026

                      P.C.:
                      1.      Heard the learned Counsel for the parties.

                      2.      By the instant Writ Petition, the Petitioners pray for the
                      following substantive reliefs: -

                              “(a) That this Hon’ble Court be pleased to issue a Writ of mandamus
                              or a Writ in the nature of mandamus or any other appropriate Writ,
                              Order or Direction, thereby calling upon and directing the Respondent
                              Nos. 1 and 2 to process the written complaints dated 21 st October
                              2024, at Exhibit “B” hereto, addressed by the Advocates for the
                              Petitioners to them, on merits, and/or submit a detailed report in
                              relation thereto before this Hon’ble Court in a time bound manner as it
                              may decide in its sole and absolute discretion.
                              (b)     That after processing of the aforesaid written complaint dated
                              21/10/2024, at Exhibit “B” hereto and consideration of the detailed
                              report to be submitted by the Respondent Nos. 1 and 2 thereon as per
                              prayer clause (a) hereinabove or otherwise, this Hon’ble Court be
                              pleased to issue a writ in the nature of mandamus or pass any other
                              order or direction of a like nature, thereby calling upon and directing
                              the Respondent Nos. 1 and 2 to take necessary action in accordance
                              with the provisions of the MMC Act and the MRTP Act against the said
                              illegalities qua the said Property, as detailed in Paragraph No. 4

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       hereof, and the Respondent No. 3.”

3.     The learned Counsel for the Petitioners submits that a
detailed complaint/representation filed by the Petitioners on 21 st
October 2024 has still not been considered/decided by the
Competent Authority of the Municipal Corporation. In this regard,
the learned Counsel for the Petitioners seeks to rely upon certain
documents, which he wants to place on record.

4.     The learned Counsel for the contesting Respondent submits
that the complaint filed by the Petitioners is vague and without any
substance, as the Respondent No. 3 is the bona fide purchaser
under the Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest, 2002 (SARFAESI Act).

5.     Considering the factual situation that has emerged before us,
we are not inclined to advert into the merits of the matter. In case
the Petitioners file a fresh Application/Representation along with all
relevant documents within a period of two weeks from today, the
Competent Authority of the Respondents shall consider and decide
the same in accordance with law within a period of three months
thereafter, after according due opportunity of hearing to all the
stakeholders.

6.     With the aforesaid directions, the Writ Petition is Disposed Of.

7.     This order is passed with due assistance of Ms. K. H.
Mastakar, the learned Counsel for the Respondents-BMC.



     [ADVAIT M. SETHNA, J.]                       [CHIEF JUSTICE]




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