Peccadily Estate P. Ltd., Mumbai vs Municipal Corporation Of Greater ...
2023 Latest Caselaw 8037 Bom

                                                     17-FA-736-2023.doc




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                         FIRST APPEAL NO. 736 OF 2023


Peccadily Estate P. Ltd., Mumbai.                   ...        Appellant
      Versus
Municipal Corporation of Greater Mumbai             ...        Respondent

                                     .....

Mr. Rohan Sawant a/w Chinmaya Achraya, Kevin Pereira, Disha
Jain i/b Viraj Jadhav, for the Appellant.

Mr. Santosh Parad, for the Respondent-MCGM.
                               .....

                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 8th AUGUST, 2023.

P.C.

Mr. Parad, learned Counsel for the respondent, has placed

reliance on the judgment of this court in the case of Naman

Developers Pvt. Ltd. and .. vs Municipal Corporation of Greater

Mumbai, 2002(6) BomCR 561 which, according to him, clarified

the ratio laid down by the Supreme Court in the case of The

Municipal Corporation of Greater Bombay Vs. M/s. Polychem Ltd.

reported in (1974) 2 Supreme Court Cases, 198.

     Rekha Patil                                                       1 of 2


                                                       17-FA-736-2023.doc




2        Mr. Parad has also invited my attention to para 13 of the

impugned order passed by the Additional Chief Judge, Small Causes

Court, Mumbai, wherein it is observed that there is no compliance

of sub-Section 5 of Section 217 of the Mumbai Municipal

Corporation Act by the appellant. If there was no compliance as

above, there was no question of hearing the appeal and deciding the

same by the Chief Judge of the Small Causes Court.

3 Learned Counsel for the appellant seeks time to take

instructions as to whether there was due compliance of said

provisions.

4 At his request, list on 18th August, 2023.

                                         [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                        2 of 2