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Bombay High Court

Nagari Niwara Parishad vs Municipal Cor. Of Gr.Bombay And Anr on 1 September, 2021

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

Dusane                                  1/5   11 IA 563.21 IN FA1231.03 aw IAs.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION


                          INTERIM APPLICATION NO.563 OF 2021
                                          IN
                             FIRST APPEAL NO.1231 OF 2003

                                         WITH
                          INTERIM APPLICATION NO.588 OF 2021
                                           IN
                             FIRST APPEAL NO. 1240 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.591 OF 2021
                                          IN
                             FIRST APPEAL NO.1236 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.593 OF 2021
                                          IN
                             FIRST APPEAL NO.1239 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.596 OF 2021
                                          IN
                             FIRST APPEAL NO.1243 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.598 OF 2021
                                          IN
                             FIRST APPEAL NO.1245 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.603 OF 2021



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 Dusane                                  2/5   11 IA 563.21 IN FA1231.03 aw IAs.doc


                                            IN
                               FIRST APPEAL NO.1250 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.600 OF 2021
                                          IN
                             FIRST APPEAL NO.1247 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.587 OF 2021
                                          IN
                             FIRST APPEAL NO.1235 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.602 OF 2021
                                          IN
                             FIRST APPEAL NO.1249 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.592 OF 2021
                                          IN
                             FIRST APPEAL NO.1238 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.597 OF 2021
                                          IN
                             FIRST APPEAL NO.1244 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.601 OF 2021
                                          IN
                             FIRST APPEAL NO.1248 OF 2003




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 Dusane                                  3/5   11 IA 563.21 IN FA1231.03 aw IAs.doc



                                         WITH
                          INTERIM APPLICATION NO.578 OF 2021
                                          IN
                             FIRST APPEAL NO.1234 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.566 OF 2021
                                          IN
                             FIRST APPEAL NO.1232 OF 2003


                                         WITH
                          INTERIM APPLICATION NO.569 OF 2021
                                          IN
                             FIRST APPEAL NO.1233 OF 2003

                                         WITH
                          INTERIM APPLICATION NO.594 OF 2021
                                          IN
                             FIRST APPEAL NO.1241 OF 2003

                                         WITH
                          INTERIM APPLICATION NO.590 OF 2021
                                          IN
                             FIRST APPEAL NO.1237 OF 2003

                                         WITH
                          INTERIM APPLICATION NO.599 OF 2021
                                          IN
                             FIRST APPEAL NO.1246 OF 2003

                                         WITH
                          INTERIM APPLICATION NO.595 OF 2021
                                          IN
                             FIRST APPEAL NO.1242 OF 2003



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     Nagari Nivara Parishad                   ....    Applicant

             Vs.

     M.C.G.M. & Another                       ....      Respondents


     Ms. Seema Sarnaik for Applicants/Appellants in IAs and FAs.
     Mr. S.S. Pakale a/w Shilpa Redkar for Respondent/MCGM.


                                         Coram : NITIN W. SAMBRE, J.

Date : 1st SEPTEMBER, 2021 P.C.:

1. Heard Ms. Seema Sarnaik, learned counsel appearing for the Applicants and Mr. Pakale a/w Shilpa Redkar-Law Officer for the Respondent/ MCGM.
2. The issue is in relation to the adjustment/refund of excess taxes collected by the Respondent- Corporation.
3. Ms. Seema Sarnaik seeks liberty to place on record rough calculation of the refund of excess tax to which the Appellant is entitled, pursuant to the orders of the Small Causes Court. ::: Uploaded on - 03/09/2021 ::: Downloaded on - 03/09/2021 21:35:46 :::

Dusane 5/5 11 IA 563.21 IN FA1231.03 aw IAs.doc

4. Mr. Pakale, learned counsel for the Corporation seeks time to go through the same.

5. The Respondent-Corporation is not disputing its liability to adjust the excess amount with interest @ Rs.6.25%.

6. In the aforesaid backdrop, the Respondent-Corporation is directed to furnish their calculations to the Appellant and also to this Court within a period of four weeks from today.

7. Matter to come for further consideration on 5th October, 2021.

( NITIN W. SAMBRE, J.) ::: Uploaded on - 03/09/2021 ::: Downloaded on - 03/09/2021 21:35:46 :::