Bombay High Court
Jayantilal Vithaldas Pabari vs Devendra Jain And 4 Ors. And (1A) Mukesh ... on 19 November, 2019
Bench: S.J. Kathawalla, B.P. Colabawalla
1 / 3 23-WP-2648-2015-UR.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2648 OF 2015
Mukesh Jayantilal Pabari & Ors. ... Petitioners
Versus
The Senior Inspector (License) P / North & Ors. ... Respondents
ALONG WITH
NOTICE OF MOTION NO. 559 OF 2018
IN
WRIT PETITION NO. 2648 OF 2015
WITH
NOTICE OF MOTION NO. 562 OF 2018
IN
WRIT PETITION NO. 2648 OF 2015
WITH
CONTEMPT PETITION NO. 7 OF 2016
IN
WRIT PETITION NO. 2648 OF 2015
WITH
CHAMBER SUMMONS NO. 322 OF 2018
IN
WRIT PETITION NO. 2648 OF 2015
WITH
CONTEMPT PETITION NO. 8 OF 2016
IN
WRIT PETITION NO. 2301 OF 2000
WITH
nitin
::: Uploaded on - 19/11/2019 ::: Downloaded on - 20/11/2019 03:00:11 :::
2 / 3 23-WP-2648-2015-UR.doc
NOTICE OF MOTION NO. 559 OF 2018
IN
WRIT PETITION NO. 2648 OF 2015
WITH
NOTICE OF MOTION NO. 562 OF 2018
IN
WRIT PETITION NO. 2648 OF 2015
Mr.Walawalkar, Sr. Adv. a/w. Ms.Yamuna Parekh for Corporation.
Mr.Mukesh Pabari - Petitioner No. 1A present in person.
CORAM : S.J. KATHAWALLA, &
B.P. COLABAWALLA, JJ.
DATE : 19TH NOVEMBER, 2019 P.C.:
1. Heard Petitioner No.1A who is appearing in person and the learned Senior Advocate appearing for the Corporation and the following Order is passed by consent :
i. Since the Petitioners have complied with the Notice dated 13 th July, 2015 (Exhibit-I to Writ Petition No. 2648 of 2015) including payment of Rs.540/-, the said Notice dated 13th July, 2015 does not survive. ii. The Petitioners agree to approach the Corporation for extension of stall size, nitin ::: Uploaded on - 19/11/2019 ::: Downloaded on - 20/11/2019 03:00:11 ::: 3 / 3 23-WP-2648-2015-UR.doc which Application may be considered by the Corporation on its own merits within a period of eight weeks from today.
iii. The Petitioners also agree to approach the Corporation for transfer of the license in the name of legal heirs of original Petitioner No.1 and for change of commodities by submitting appropriate Application in the prescribed form as per the requirements of the Corporation. The said Application shall be considered by the Corporation on its own merits within a period of eight weeks from today. iv. The Petitioner No.1A undertakes to withdraw Suit No. 213 of 2016 pending before the City Civil Court, Dindoshi, Mumbai and First Appeal No. 945 of 2016 pending before this Court on or before the next dates of hearing. The undertaking is accepted.
v. Since the Petitioners grievances in the above Writ Petitions and the Contempt Petitions are redressed, the above Writ Petitions, Contempt Petitions, Notices of Motion and Chamber Summon stand disposed of.
( B.P. COLABAWALLA, J.) ( S.J.KATHAWALLA, J. )
nitin
::: Uploaded on - 19/11/2019 ::: Downloaded on - 20/11/2019 03:00:11 :::