Municipal Corporation Of Gr. Mumbai vs Ankita Sinha on 7 October, 2021
Having considered the contentions advanced, I notice that the
petitioner's application had not been considered relying on the interim
order of this Court dated 6.8.2020. However, with the above mentioned
directions of the Apex Court, I notice that the interim order as well as
the directions in the judgment of the learned single Judge and the
Division Bench in W.A.No.286/2021 stand merged with the findings and
directions of the Apex Court in Municipal Corporation of Gr. Mumbai
(supra). In view of the fact that the Apex Court has clearly held that
the ex-parte peremptory orders passed by the Tribunal without giving
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opportunity to the persons likely to be affected are to be treated as
effaced from the records, I am of the opinion that the directions
contained in the orders of this Court also cannot stand in the way of a
consideration of the application in accordance with law, as it exists.