M/S Kaprecon Sleeper Works Pvt. ... vs Municipal Council, Butibori, ...
2023 Latest Caselaw 479 Bom

6-WP-5523-22                                                                                                                     1/2


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

                                       WRIT PETITION NO.5523 OF 2022

M/s Kaprecon Sleeper Works Pvt. Ltd. Thr. Authorized Representative Executive Director, Palm
                                                 Road, Civil Lines, Nagpur
                                                                 -vs-
                                   Municipal Council, Butibori, Nagpur and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.


                                   Shri Rohit Joshi, Advocate for petitioner.

                                   CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI, JJ.

DATE : January 12, 2023

P.C.

The petitioner has preferred an appeal under Section 169

of the Maharashtra Municipal Councils, Nagar Panchayats and

Industrial Townships Act, 1965 (for short, the said Act)

challenging the demand dated 10/02/2022 as made by the

Municipal Council towards property tax and other ancillary

taxes.

It is the case of the petitioner that the appeal preferred

under Section 169 of the said Act being in the nature of original

proceedings on the ground that the Court exercises original

jurisdiction while entertaining such proceedings, it would not be

necessary to comply with the provisions of Section 170(c)(i) of

the said Act. The petitioner seeks to rely upon the interim order

passed in Writ Petition No.1735/2013 (Ishwardas Sawaldas 6-WP-5523-22 2/2

Mukhi and ors. vs. The State of Maharashtra Thr. Urban

Development Dept. Mantralaya, Mumbai and ors.) wherein it

was directed that during pendency of consideration of challenge

to the validity of the said provisions, the appeal preferred by the

said petitioner should not be dismissed for failure to deposit the

requisite amount.

It is seen that the aforesaid writ petition has been finally

decided on 14/12/2017 and has been dismissed. However in

challenge to the said judgment further proceeding before the

Honourable Supreme Court it has been directed that the interim

order passed by this Court in Writ Petition No.1735/2013

would continue until further orders. The learned counsel for

the petitioner submits that said position continues even today.

In view of aforesaid, issue notice to the respondents,

returnable in three weeks.

In the meanwhile there shall be ad-interim relief in terms

of prayer clause (iii) until further orders.

(Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.)

Asmita

Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:13.01.2023 14:32:45