M/S. High Class Developer And Ors vs Municipal Corporation Of Gr. ...
2017 Latest Caselaw 6144 Bom

                                                                    (20) WP 5123-16.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                            WRIT PETITION NO. 5123 OF 2016
       M/s. High Class Developer & Others                       ...Petitioners
                  versus
       Municipal Corporation of Gr. Mumbai
       & Others                                                 ...Respondents

                                           ............

       Mr.   Shyam   Kapadia   with   S.B.   Pawar   and   Swati   Sawant, 
       Advocates i/by S.K. Legal Associates for Petitioners.
       Mr. Vinod Mahadik with Ms. Oorja Dhond, for Respondent-BMC.
                                    ............

                                                         CORAM : B.R.GAVAI & 
                                                                       M.S. KARNIK, JJ.

DATED: 16TH AUGUST, 2017

P.C. :

The petitioners have an alternate remedy of file an

Appeal under the provision of Section 217 of the Maharashtra

Municipal Corporations Act.

2. We are therefore not inclined to entertain the

present petition under Article 226 of the Constitution of India.

(20) WP 5123-16.doc

Needless to state that since the petitioners were under an

erroneous advise, pursuing a wrong remedy, they would be

entitled for benefit of Article 14 of Limitation Act, for the period

during which the present petition was filed, if he chooses to

avail the remedy, available in law. The Petition is accordingly

disposed of.

   (M.S. KARNIK, J.)                             ( B.R.GAVAI, J.)