Bombay High Court
Khar Lotia Palace Cooperative Housing ... vs The Municipal Corporation Of Greater ... on 3 November, 2020
Bench: S.J. Kathawalla, Anuja Prabhudessai
P.H. Jayani 39 WPL5145.2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.5145 OF 2020
Khar Lotia Palace Co-op. Society ....Petitioner
v/s.
The Municipal Corporation of Greater
Mumbai and ors. .... Respondents
Mr. Aseem Naphade a/w. Mr. Jatin Sheth for Petitioner.
Ms. Pallavi Thakar a/w. Ms. Oorja Dhond i/b. Aruna Salve
for MCGM.
Mr. Bandu Kulkarni, Assistant Engineer, Building and Factory,
'H - West' ward.
CORAM: S.J. KATHAWALLA AND
SMT. ANUJA PRABHUDESSAI, JJ.
DATED : NOVEMBER 03, 2020.
P. C. :-
. The learned Advocate appearing for the Petitioner Society states that in the event of the Society having any grievance qua the dismissal of the Notice of Motion fled by Mr. Harwani in Suit No.900 of 2020, the Petitioner Society shall move an Application before the City Civil Court and/or fle an Appeal from Order (AO) before the learned Single Judge of this Court.
2. As far as the Notice dated 21/10/2020 is concerned, the same is issued under Section 488 of the Mumbai Municipal Corporation Act, 1888. Learned Advocate appearing for the Corporation states that the said Notice is issued to the Society and the same pertains only to the 1/2 P.H. Jayani 39 WPL5145.2020.doc extent of taking inspection of the Society building by the Corporation. It is further stated that in the event of any unauthorized work being noticed in the Society building (subsequent to the works which were the subject matter of the 1st notice dated 04/09/2020), they shall issue a fresh notice to the Society before taking any coercive action. The statement is accepted as an undertaking given to the Court.
3. The above Writ Petition is accordingly disposed of.
4. This order shall be digitally signed by the Private Secretary / Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. (SMT. ANUJA PRABHUDESSAI, J.) (S.J. KATHAWALLLA, J.) Digitally signed by Megha Megha Parab Date:
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