Sanjay Rajkumar Gupta And Anr vs Municipal Corporation Of Greater ...
2023 Latest Caselaw 7334 Bom

                                                      39-13592-2023-IA=.doc

Uday S. Jagtap


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 13592 OF 2023
                                   IN
                      FIRST APPEAL NO. 2569 OF 2007

 Sanjay Rajkumar Gupta & Anr.                        .. Applicants

          Vs.

Municipal Corporation of Greater
Bombay & Anr.                                        .. Respondents

                               .....
Mr. R.M. Nakhawa i/b Mr. V.D. Dhavan for the applicants
Mr. Santosh Parad for respondent no.1 - MCGM
                               .....

                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 24th JULY, 2023

P.C.

1. Heard learned Counsel for the applicants for some time.

2. Perused the order passed by this Court on 21 st September

2007 at Exh.B.

3. The learned Counsel for the applicants has invited my

attention to a communication made to the respondent - MCGM

dated 4th February 2022, which was received on the same day by the

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respondent. Clause no.5 of the said reply reads thus :-

"5. We state and submit that pending the hearing and disposal of the aforementioned First Appeal, Corporation showing utter disregard to the Judgment / Order passed by the Hon'ble Court again revised the Rateable Value. We state that during the pendency of the First appeal Corporation is bound to levy Taxes as per the Judgment passed by the Hon'ble Court. We State and submit that pending the hearing and disposal of the aforementioned First Appeal it is completely contrary and against law for your goodselfs to issue the said letter. Infact the said letter is nothing but short of contempt of order of Court the ramification of which is inexplicable."

4. Learned Counsel for the respondent - MCGM seeks time to

take necessary instructions and pass necessary orders, if any, in view

of the order passed by this Court on 21st September 2007.

5. It is made clear that if no proper steps are taken as above by

the respondent - Corporation, necessary orders will be passed.

6. Stand over to 7th August, 2023.

(PRITHVIRAJ K. CHAVAN, J.)

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