Bombay High Court
Kabita Jalui vs The Municipal Corporation Of Greater ... on 4 March, 2020
Author: R.I. Chagla
Bench: S.J. Kathawalla, R.I. Chagla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2926 OF 2019
Mrs. Kabita Jalui ... Petitioner
Versus
The Municipal Corporation of Greater Mumbai Ors. ... Respondents
........
Ms. M.J. Reena Rolland for the Petitioner.
Mr. A.A. Kumbhakoni, Advocate General with Ms. G.R. Shastri AGP for Respondent
No.8.
Mr. Girish Godbole, Senior Counsel with Mrs. Vandana Mahadik and Sheetal Metkari
for Respondent - MCGM.
Mr. Ansari Asggar Kalim for Respondent No.9.
Mr. Mukesh Poojari.
Mr. Asad Shaikh.
Mr. Shekhar Shrivastav
........
CORAM : S.J. KATHAWALLA, &
R.I. CHAGLA, JJ.
DATE : 4TH MARCH, 2020 P.C. :
1. Learned Advocate appearing for the proprietor of Amantran Family Restaurant, Mr. Mukesh Poojari states that after the tables and furniture in the restaurant were seized by the Corporation on 2nd November, 2019, the said premises is kept closed by ::: Uploaded on - 04/03/2020 ::: Downloaded on - 06/03/2020 03:28:43 ::: jsn 2 / 2 912-wp-2926-2019.doc him and is not used for any purpose. He states that he is now supplying food through Zomato to his customers from some other Restaurant, whose Manager is known to him. The explanation is not convincing.
2. We have before us orders taken by Zomato, which shows that Zomato has supplied food from a restaurant named New Amantran Family Restaurant, having its address at Shop 36, Annex Mall, Opp. Dheeraj Enclave, W E Highway. Mr. Shekhar Srivastav, who is present along with Mr.Mukesh Poojari states that he was doing business in the name of New Amantran Family Restaurant without license, however he has stopped the said business on and from 12th February, 2020. The statement made by Mr. Shekhar Srivastav is false, incorrect and dishonest to his knowledge, since the Zomato order shows that food is delivered to the customer of New Amantran Family Restaurant situated at Shop 36, Annex Mall, Opp. Dheeraj Enclave, W E Highway on 27th February, 2020 at 11.18 p.m.
3. Before we take any action against the wrongdoers, we are giving an opportunity to them i.e. Mr. Poojari and Mr. Srivastav to fle their respective Afdavits setting out all the facts / particulars of the restaurant businesses carried out by them.
4. Stand over to 6th March, 2020.
(R.I. CHAGLA, J. ) ( S.J. KATHAWALLA, J. )
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