Shakti Sikandarlal Kapoor And Anr vs Municipal Corporation Of Greater ...
2021 Latest Caselaw 14500 Bom

                                                                                 17-ia-2696-2021.doc




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.2696 OF 2021
                                                      IN
                                          FIRST APPEAL NO.2509 OF 2011

                   Shakti Sikandarlal Kapoor and Anr.                     ...Applicants
                              vs.
VISHAL             Municipal Corporation of Greater Mumbai                ...Respondent
SUBHASH
PAREKAR
                   Ms. Lakshmi Bussa i/b. M.V. Kini & Co., for the Applicants.
Digitally signed   Smt. Shilpa Redkar, for the Respondent-MCGM.
by VISHAL
SUBHASH
PAREKAR
Date: 2021.10.06
18:06:04 +0530
                                              CORAM :   N. J. JAMADAR, J.

                                              DATE :    OCTOBER 05, 2021

                   P.C.:

                   .       Heard the learned counsel for the applicants and learned

                   counsel for the respondent-MCGM.

2. The applicants have preferred this application seeking return

of the documents which were tendered by the applicants/plaintiff in

L.C.Suit No. 3387 of 2002. The said suit was instituted by the

applicants assailing the legality, propriety and correctness of notice

issued by the defendant/appellant/Corporation under section 351 of

the Mumbai Municipal Corporation Act. The said suit was decreed

by the judgment and order dated 7 th October, 2010, which is assailed

by the appellant/ Corporation in the instant appeal.

3. For the reasons assigned in the application and having regard

to the nature of the dispute, there does not seem any impediment in

Vishal Parekar, P.A. ...1 17-ia-2696-2021.doc

ordering the return of the documents as enumerated in the List of

Documents (Exhibit B) subject to the applicants furnishing true

copies of those documents for the record.

4. The application stands allowed in terms of the prayer clause

(a) subject to furnishing true copies of those documents and an

undertaking to produce the original documents as and when

direced.

                                        (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                     ...2