Bombay High Court
Zulfikar Ali Abdul Rahim Shaikh vs The Municipal Corporation Of Greater ... on 17 November, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2022.11.19
11:21:43 +0530
1/3 10 WP-3003.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.3003 OF 2022
Zulfikar Ali Abdul Rahim Shaikh ] ... Petitioner
Vs.
The Municipal Corporation of Greater ]
Mumbai & Ors. ] ... Respondents
...
Mr. Amit Jamsandekar with Mr. V. Rajguru, Ms. Mahima
Sharma and Ms. Poonam Agrawal i/b M/s. S.A. Legal Advocates
& Associates for the petitioner.
Mr. Kunal Waghmare i/b Mr. Sunil Sonawane for respondent
Nos.1 to 4-MCGM.
Mr. Vishal Raman with Mr. Ali Bubere and Mr. Aamir Koradia
i/b Mr. Rajendra Rathod for respondent No.5.
Mr. Saurabh Shirsath, Junior Engineer (B&F) 'E' Ward is present
in the Court.
...
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 17TH NOVEMBER, 2022.
P.C.:-
1. In pursuance of the order dated 17/10/2022, the parties have produced documents in support of their rival contentions AJN 2/3 10 WP-3003.22.odt before the Assistant Commissioner (B & F), 'E' Ward on 14/11/2022. Learned counsel for the Municipal Corporation has tendered a letter dated 15/11/2022 from the Assistant Commissioner (B & F), 'E' Ward to the Law Officer, placing these facts on record and requesting him to seek some time from this Court to enable him to verify the said documents and to pass an order. Learned counsel for the Municipal Corporation seeks three weeks' time to comply with the order passed by this Court after considering the documents produced by the parties.
2. The request of learned counsel for the Municipal Corporation is opposed by the contesting respondents on the ground that two weeks' time would be more than sufficient to pass an order.
3. We accordingly direct the Assistant Commissioner (B & F), 'E' Ward to consider the documents produced by the parties and pass an order within two weeks from today and to communicate the said order to them within one week thereafter.
4. Learned counsel for respondent No.5 agrees to continue the statement made by his client before this Court on 17/10/2022 recorded in paragraph No.5 of the said order for a period of three weeks from today.
5. Place this matter on board on 06/12/2022.
AJN
3/3 10 WP-3003.22.odt
6. The liberty granted by this Court to the petitioners to amend the writ petition, in case of an adverse order being passed by the Assistant Commissioner, would be considered by this Court after a copy of the order passed by the Assistant Commissioner is received by this Court.
7. Ad-interim relief granted earlier to continue till next date.
[KAMAL KHATA, J.] [R. D. DHANUKA, J.] AJN