Bombay High Court
The Colaba Central Co.Op. Consumers ... vs The Municipal Corpn. Of Gr. Mumbai And 3 ... on 26 July, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
sns 1 906-wpl-23643-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.23643 OF 2022
The Colaba Central Co.Op.
Consumers Wholesale & Retail
Stores Limited. ... Petitioner.
V/s.
The Municipal Corporation of
Greater Mumbai & Ors. ... Respondents.
Mr.G.V. Murti i/by Murti & Associates, for the Petitioners.
Ms.Madhuri More i/by Mr. Sunil Sonawane, for Respondent No.1,
(MCGM)
CORAM : R.D. DHANUKA AND
KAMAL KHATA, JJ.
DATE : 26 JULY 2022. P.C. :
Learned counsel for the Petitioner agrees to implead the M/s. Ardham Logistics & Infrastructure Pvt. Ltd., Unit No.3, Gujarat Industrial Estate, Vishweshwar Nagar Road, Opp. Acme Amay / Hickson & Dadaji, Near Aarey Police Chowkey, Off Aarey Road, Goregaon (East), Mumbai - 400 063 as respondent No.5. Leave to amend is granted, amendment shall be carried out during the course of the day, in the meanwhile petition dispensed with re-verification. Papers and proceedings shall be served upon the newly added party within 48 hours from the carrying out of amendment. Respondent No.1 to 4 have been newly added party are at liberty to file affidavit-in-reply within two weeks from today. Rejoinder, if any, shall be filed within two weeks thereafter.
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2. In the affidavit-in-reply filed by the respondents, it shall be clarified whether the petitioner was required to obtain any N.O.C. or to produce any leave or license agreement issued on the date of the impugned order passed by the Municipal Corporation canceling license issued under Section 394 of Municipal Corporation Act or not.
3. Place the matter on board for admission on 5 th September 2022. Till next date there shall be ad-interim relief in terms of prayer clause 'F'. Petitioner is directed to convey this order to Respondent No.5 for information and compliance. Learned counsel for the municipal corporation to convey this order to respondent No.1 to 4 for information and compliance [KAMAL KHATA, J] [R.D. DHANUKA, J] ::: Uploaded on - 29/07/2022 ::: Downloaded on - 30/07/2022 02:18:42 :::