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Municipal Corp. Of Greater Mumbai vs Natvar Parikh And Co. Pvt Ltd. on 5 May, 2016

Bench: Madan B. Lokur, N.V. Ramana

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                                    IN THE SUPREME COURT OF INDIA

                                     CIVIL APPELLATE JURISDICTION


                                     CIVIL APPEAL NO.1748 OF 2015


     MUNICIPAL CORP. OF GREATER MUMBAI AND ANR.                                     ...APPELLANT(S)

                                                            VERSUS

     NATVAR PARIKH AND CO. PVT LTD. AND ANR                                         ...RESPONDENT(S)

                                                   WITH

                                   CIVIL APPEAL NO. 1749 OF 2015


                                                   O R D E R

Heard learned counsel for the parties. There is no dispute that these appeals are fully covered by the decision of this Court in Godrej and Boyce Manufacturing Company Limited Vs. State of Maharashtra 2009 (5) SCC 24.

However, it is contended by learned counsel for the appellants that the decision should apply prospectively and not retrospectively. It is too late for us to re-visit the entire issue and take a decision whether the judgment delivered earlier should apply prospectively and not retrospectively. That is a matter that should have been agitated when Godrej and Boyce Signature Not Verified (supra) was being heard.

Meenakshi Kohli Date: 2016.05.07 12:44:13 IST It is submitted that the public interest Reason: demands that the benefit of Godrej and Boyce (supra) should not be given to everybody as there are as many as  2 89 applicants who are waiting in the queue to take advantage of the decision rendered by this Court. It is not for us to comment one way or the other on the facts of cases that are not before us or to comment whether or not those applicants are entitled to the benefit of the decision. If any dispute arises in this regard, the appropriate Court will take a decision in the matter.

The civil appeals are dismissed.

                                         …..................J.
                                         [MADAN B. LOKUR]


NEW DELHI                                …..................J.
5TH MAY, 2016                            [N.V. RAMANA]
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ITEM NO.101                    COURT NO.8                 SECTION IX

                S U P R E M E C O U R T O F        I N D I A
                        RECORD OF PROCEEDINGS

Civil Appeal   No(s).    1748/2015

MUNICIPAL CORP. OF GREATER MUMBAI AND ANR.                Appellant(s)


                                     VERSUS


NATVAR PARIKH AND CO. PVT LTD. AND ANR                    Respondent(s)

(With office report)

WITH
C.A. No. 1749/2015
(With Office Report)

Date : 05/05/2016 These appeals were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA For Appellant(s) Mr. R.P. Bhatt, Sr. Adv.

Mrs. Jayashree Wad, Adv. Mr. Ashish Wad, Adv.

Mr. P.V. Naik, Adv.

Ms. Paromita Majumdar, Adv. Ms. Jaya Khanna, Adv.

M/s. J. S. Wad & Co.,Adv.

For Respondent(s) Mr. Kapil Sibal, Sr. Adv.

Mr. Shyam Divan, Sr. Adv. Mr. Praveen Samdani, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Ankur Saigal, Adv.

Mr. Satyendra Kumar, Adv. Mr. E. C. Agrawala,Adv.

Mr. Pravin K. Samdani, Sr. Adv. Mr. Kunal Vajani, Adv.

Mr. Pranya Goyal, Adv.

Mr. Aman Gandhi, Adv.

Ms. Bindi Girish Dave,Adv.

UPON hearing the counsel the Court made the following O R D E R The civil appeals are dismissed in terms of the signed order.

         (Madhu Bala)                              (Jaswinder Kaur)
         Court Master                               Court Master

(Signed order is placed on the file)