M/S Omex Builders And ... vs The Municipal Corporation Of ...
2021 Latest Caselaw 2601 Bom

                                                                   26-AO-ST-2833-2021.doc


               Shailaja
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                            APPEAL FROM ORDER [STAMP] NO.2833 OF 2021
                                                  A/W
                            INTERIM APPLICATION [STAMP] NO.2835 OF 2021


               M/s. Omex Builders and Contractors]
               through; C.A. Girdhar Karkera          ]      Appellant
                          Vs.
               The Municipal Corporation of           ]
               Greater Mumbai through K/East          ]
               Ward Office.                           ]      Respondent
                                                 .....
               Mr. Nikhil S. Rajeshirke, for Appellant.

               Ms. Madhuri More, for Respondent-M.C.G.M.
                                             .....

                                                CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                 DATE     : 9th FEBRUARY, 2021.

               P.C:

1. Heard learned Counsel for the appellant.

2. The learned City Civil Judge refused to grant ad-interim relief on 30th January, 2021 in Notice of Motion No.31 of 2021 in L.C. Suit No.1 of 2021.

3. After hearing the learned Counsel for the appellant for some time and after going through the record, at this stage, it would be

Digitally signed by 1 of 2 Shailaja S. Shailaja S. Halkude

Halkude Date: 2021.02.11 18:30:03 +0530 26-AO-ST-2833-2021.doc

expedient to direct the learned Judge of the City Civil Court to decide and dispose of the Notice of Motion on its own merits.

4. The respondent-Corporation shall file it's reply on or before 24th February, 2021.

5. Rejoinder, if any, shall be filed within two weeks thereafter.

6. The Notice of Motion thereafter shall be disposed of in accordance with law after taking into consideration the relevant documents and judgment passed by the City Civil Court.

7. Till the Notice of Motion is finally disposed of, the respondent-Corporation shall not take any coercive action against the appellant.

8. The appeal stands disposed of.

9. In view of the disposal of the appeal, pending application, if any, shall stand disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

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