Bombay High Court
State Bank Of India Employees Aparna ... vs The Commissioner, Municipal ... on 15 March, 2022
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
23-CP-343-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.343 OF 2021
WITH
APPEAL FROM ORDER NO.322 OF 2021
WITH
INTERIM APPLICATION NO.2777 OF 2021
State Bank of India ...Petitioner
Vs
The Commissioner,
M.C.G.M. ... Respondent
...
Mr. Sachindra Shetye i/by Ms. Shamika Ranade for the Petitioner/Appellant.
Mr. Ravindra Sirsikar for MCGM.
CORAM : SANDEEP K. SHINDE J.
DATE : MARCH 15, 2022.
P.C. :
Pending Appeal, Corporation has sanctioned revised plan and issued part Occupancy Certificate on 13 th July, 2021. It is at Page No.186 of the Appeal Memo.
2 In that view of the matter, impugned notice dated 4 th February, 2021 issued under Section 353 of the Mumbai Municipal Corporation Act, 1881 does not survive. As a result, the impugned Shivgan 1/2 ::: Uploaded on - 15/03/2022 ::: Downloaded on - 16/03/2022 08:35:23 ::: 23-CP-343-21.odt order dated 22nd September, 2021 passed in Notice of Motion NO.768 of 2021 in Long Cause Suit No.637 of 2021 is quashed and set aside.
Appeal is allowed and disposed of in aforesaid terms.
3 Mr. Shetye, learned counsel for the appellant, therefore, does not press Contempt Petition No.343 of 2021. It is disposed of as withdrawn.
4 As the appeal itself is disposed of, nothing survives in the application therein and same is also disposed of.
(SANDEEP K. SHINDE, J.) Shivgan 2/2 ::: Uploaded on - 15/03/2022 ::: Downloaded on - 16/03/2022 08:35:23 :::