Bombay High Court
Mahesh Brahmadatt Tiwari vs The Municipal Corporation Of Gr Mumbai ... on 15 May, 2026
4-IA-3443-2026 (C).doc
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.05.15
19:32:07
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3443 OF 2026
IN
FIRST APPEAL NO. 483 OF 2026
Mahesh Brahmadatt Tiwari ...Applicant
Versus
The Municipal Corporation Of Gr Mumbai And Ors. ...Respondents
__________
Dr. Uday P. Warunjikar a/w Ms. Sonali R. Chavan i/b. Aishwarya R.
Tuwar for the Appellant.
Mr. Pradeep M. Patil for Respondent - BMC.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 15 MAY 2026 (VACATION COURT) P.C.:
1. Heard learned counsel for the parties.
2. Dr. Warunjikar, learned counsel, at the very outset, would point out that Suit has been filed before the City Civil Court, Mumbai challenging the notice dated 18 December 2009 issued by the Respondent - Municipal Corporation of Greater Mumbai u/s. 351 of the Mumbai Municipal Corporation Act, 1881 ("MMC Act" for short).
Pursuant thereto, the Suit was dismissed.
3. The attention of the Court is invited to an order dated 12 March 2026 issued by the Trial Court. Pursuant to the dismissal of the said Suit, where an application accompanied by prayer was made for grant of Pallavi Page 1 of 2 ::: Uploaded on - 15/05/2026 ::: Downloaded on - 16/05/2026 03:39:54 ::: 4-IA-3443-2026 (C).doc extension of interim relief, the Trial Court, by the order dated 12 March 2026 directed that the interim relief granted vide order dated 9 September 2019 needs to be continued till the period of the Appeal and is continued as such. This would include interim stay on the Impugned Notice of 18 December 2009 issued by the Respondent under Section 351 of the MMC Act.
4. Considering the above, in the given factual circumstances, by way of ad-interim order, it will be just and appropriate to extend such protection in favour of the Applicant i.e. to continue the ad-interim stay on the said Impugned Notice until the next date of hearing i.e. 16 June 2026.
5. All concerned to act on an authenticated copy of this order.
[ADVAIT M. SETHNA, J.] Pallavi Page 2 of 2 ::: Uploaded on - 15/05/2026 ::: Downloaded on - 16/05/2026 03:39:54 :::