Shri Ramdeobaba Sarwajanik ... vs The City Nagpur Municipal ...
2022 Latest Caselaw 13538 Bom

   1-CAW-2902-22                                                                                                                    1/1


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH, NAGPUR.

                                 CIVIL APPLICATION (CAW) NO.2902 OF 2022
                                                     IN
                                     WRIT PETITION NO.5194 OF 2009 (D)

                                     Radeobaba Sarwajanik Samiti, Nagpur and anr.
                                                                    -vs-
                                  The City of Nagpur Municipal Corporation and anr.
   --------------------------------------------------------------------------------------------------------------------------------------
   Office notes, Office Memoranda of
   Coram, appearances, Court's orders                                     Court's or Judge's Orders.
   or directions and Registrar's orders.
                                      Shri S. V. Purohit, Advocate for applicants/petitioners.
                                      Shri J. B. Kasat, Advocate for non-respondent No.1.
                                      Ms S. S. Jachak, Assistant Government Pleader for non-applicant
                                      No.2.

                                      CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : December 23, 2022

By this application the petitioners in Writ Petition No.5194/2009 seek continuation of the interim order granted on 08/02/2012. By that order on deposit of Rs. 25,00,000/- (Rupees Twenty Five Lakhs) as well as security for the balance amount it was directed that no coercive recovery should be made. The said petitioners seek to challenge the judgment dated 16/12/2022 and hence pray that the interim order be continued.

This request is opposed by the learned counsel for the respondent No.1-Nagpur Municipal Corporation. He submits that by calculating the demand as of date, a fresh notice has been served on the petitioners which amount is approximately Rs.14,00,00,000/- (Rupees Fourteen Crore).

In the facts of the case and as the interim order was operating since 08/02/2012, the same is continued for a period of six weeks from today and shall cease to operate automatically thereafter.

Civil Application is disposed of.

(Urmila Joshi-Phalke, J.) (A. S. Chandurkar, J.) Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:23.12.2022 19:18:04 Asmita