Park Road Showrooms Association Thr. ... vs The Solapur Municipal Corporation ... on 29 September, 2022

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Bombay High Court

Park Road Showrooms Association Thr. ... vs The Solapur Municipal Corporation ... on 29 September, 2022

Bench: Sandeep . K. Shinde

                                                                         24-ia-2407-2022.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        APPELLATE SIDE CIVIL JURISDICTION

                                        INTERIM APPLICATION NO.2407 OF 2022
                                                        IN
                                           SECOND APPEAL NO.330 OF 2022

                       Park Road Showrooms Association
                       & Another                                    ..    Applicants.


                       In the matter between
                       Park Road Showrooms Association
                       & Another                                    ..    Appellants.
                              v/s.
                       The Solapur Municipal Corporation
                       & Others                                     ..    Respondents.


                       Mr. T. D. Deshmukh, for the Applicants/Appellants.
                       Mr. Vishwanath Patil, for Respondent- SMC.
          Digitally
          signed by

SMITA
          SMITA
          RAJNIKANT
                                                              CORAM:- SANDEEP . K. SHINDE,J.

RAJNIKANT JOSHI JOSHI Date: DATE :- 29th SEPTEMBER, 2022.

2022.10.01 13:59:55 +0530 P. C.:

The Park Road Showrooms, Association of 59 leasees questioned the power of the Solapur Municipal Corporation, to issue notice under Section 81-C/81-B of the Maharashtra Municipal Corporation Act (the "said Act").

2 It is Appellants' case is that the Solapur District Stadium Committee a instrumentality of the state; allotted shops to its members (these shops) are not the, Municipal premises, in terms of Section 81- A(b) of the said Act. Therefore, it is submitted that the Corporation S. R. Joshi 1/3 24-ia-2407-2022.doc has no right to recover the rent as arrears of property tax. It is Appellant's contention that, they are not the lessess of the Corporation, but of the State. However, today, lease executed in favour of members of the Appellants, is not placed before me to appreciate the Appellant's contention. Therefore, list the matter for consideration on 13 th October, 2022.

3 It appears that, Corporation in exercise of its' power under Section 81-C of the said Act, issued a notice on 2 nd September, 2022 to recover the rent from each member of the Association, at the rate of Rs.19/- per sq.meter. The notice contemplates that in the event, arrears of rent are not paid, the Corporation may seal the shop premises of the Appellants' members.

4 Mr. Deshmukh, learned Counsel appearing for the Appellants, on instructions from Mr. Ketanbhai M. Shah, President of the said Association present in the Court, submits that members of the Association will deposit Rs.50,000/- (Rupees Fifty thousand only) each with the Corporation, within a week from today. Thus I understood that the each member shall deposit Rs.50,000/- (Rupees Fifty thousand only).

5 It is made clear that the deposit of Rs.50,000/- is without prejudice to the rights and contention of the Appellants and Municipal Corporation.

6 In view of the undertaking, till the next date, the Corporation shall not seal the shop-premises of members of the Association.

S. R. Joshi 2/3

24-ia-2407-2022.doc 7 Stand over to 13th October, 2022.

(SANDEEP .K. SHINDE, J. ) S. R. Joshi 3/3

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