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Reliance Communication Ltd. And Ors vs Thane Municipal Corporation And Anr on 28 August, 2018 cites

Chennai Network Infrastructure Ltd. ... vs The Kalyan Dombivli Municipal ... on 18 April, 2017

16. If the argument of Mr.Bharucha, learned counsel for the petitioners is accepted that the expression "penalty and interest" has to be read in Section 406(2)(c) of the Act only for the purpose of entertaining the appeal and not for deposit under Section 406(2)(e) though an appeal is provided for the purpose of entertaining the dispute not only in respect of the tax but also the penalty and interest, it would make the provision ::: Uploaded on - 01/09/2018 ::: Downloaded on - 02/09/2018 00:40:42 ::: ppn 13 wp-9569.18(j).doc of Section 406(2)(e) redundant and unworkable. The learned Single Judge of this Court while deciding the case of C.G. International Pvt. Ltd. (supra) did not have the benefit of the judgment of the Division Bench of this Court in the case of Chennai Network Infrastructure Ltd. & Anr. (supra). In my view, the petitioners are thus liable to deposit as a condition precedent under Section 406(2)(e) of the said Act the amount as demanded as property tax, penalty, interest or shasti and not only the property tax. I do not find any infirmity in the impugned order dated 6 th September 2017 passed by the Civil Judge, Senior Division, Thane. The petition is devoid of merit and is accordingly dismissed. No order as to costs. Parties to act on the authenticated copy of this order.
Bombay High Court Cites 19 - Cited by 2 - S C Gupte - Full Document

The Gujarat Agro Industries Co. Ltd vs Municipal Corporation Of City Of ... on 26 April, 1999

10. Supreme Court in the case of Gujrat Agro Industries Co. Ltd. Vs. Municipal Corporation of City of Ahmedabad & Ors., (1999) 4 SCC 468 has observed that the right to appeal is neither an absolute right nor an ingredient of natural justice the principles of which must be followed in all judicial and quasi judicial adjudications. The right to appeal is statutory right and it can be circumscribed by the condition in the grant. The Hon'ble Supreme Court while dealing with the constitutional validity of Section 406(2)(e) of the said Act has held that the said provision did not violate Article 14 of the Constitution of India.
Supreme Court of India Cites 17 - Cited by 90 - D P Wadhwa - Full Document
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