Nagari Nivara Parishad vs Municipal Corporation Of Greater ...
2021 Latest Caselaw 16114 Bom

                                                             49-ia-563-2021.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.563 OF 2021
                                       IN
                          FIRST APPEAL NO.1231 OF 2003

Nagari Nivara Parishad                                ...Appellant
           vs.
Municipal Corporation of Greater Mumbai
and Another                                           ...Respondents

                                     WITH
                       INTERIM APPLICATION NO.588 OF 2021
                                       IN
                          FIRST APPEAL NO.1240 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.591 OF 2021
                                       IN
                          FIRST APPEAL NO.1236 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.593 OF 2021
                                       IN
                          FIRST APPEAL NO.1239 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.596 OF 2021
                                       IN
                          FIRST APPEAL NO.1243 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.598 OF 2021
                                       IN
                          FIRST APPEAL NO.1245 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.603 OF 2021
                                       IN
                          FIRST APPEAL NO.1250 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.600 OF 2021
                                       IN
                          FIRST APPEAL NO.1247 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.587 OF 2021
                                       IN
                          FIRST APPEAL NO.1235 OF 2003

Vishal Parekar, P.A.                                                       ...1
                                                             49-ia-563-2021.doc




                                     WITH
                       INTERIM APPLICATION NO.602 OF 2021
                                       IN
                          FIRST APPEAL NO.1249 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.592 OF 2021
                                       IN
                          FIRST APPEAL NO.1238 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.597 OF 2021
                                       IN
                          FIRST APPEAL NO.1244 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.601 OF 2021
                                       IN
                          FIRST APPEAL NO.1248 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.578 OF 2021
                                       IN
                          FIRST APPEAL NO.1234 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.566 OF 2021
                                       IN
                          FIRST APPEAL NO.1232 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.569 OF 2021
                                       IN
                          FIRST APPEAL NO.1233 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.594 OF 2021
                                       IN
                          FIRST APPEAL NO.1241 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.590 OF 2021
                                       IN
                          FIRST APPEAL NO.1237 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.599 OF 2021
                                       IN
                          FIRST APPEAL NO.1246 OF 2003
                                     WITH
                       INTERIM APPLICATION NO.595 OF 2021
                                       IN
                          FIRST APPEAL NO.1242 OF 2003

Vishal Parekar, P.A.                                                      ...2
                                                              49-ia-563-2021.doc




Smt. Seema Sarnaik, for the Applicants.
Mr. Suresh Pakale a/w. Mr. Santosh Parad, for Respondent-MCGM.

                         CORAM :    N. J. JAMADAR, J.

                         DATE :     NOVEMBER 22, 2021

P.C.:

.       Heard the learned counsel for the parties.

2. The learned counsels have shared the calculations in respect

of the amount which is allegedly due from the Corporation to the

applicants.

3. There seems to be a serious dispute as regards the liability of

the Corporation to pay the interest on the amount which was

directed to the adjusted by the impugned order dated 29 th October,

2002.

4. It seems interest constitutes the major component of the

claim of the applicants.

5. In the circumstances, the matter requires hearing.

6. Post the interim application for hearing on 14 th December,

2021.

7. Leave to circulate the judgments.

                                            (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                       ...3