Peccadily Estate P. Ltd., Mumbai vs Municipal Corporation Of Greater ...
2023 Latest Caselaw 7404 Bom

                                                      20-FA-736-2023.doc


Shailaja


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                 FIRST APPEAL NO.736 OF 2023

Peccadily Estate P. Ltd, Mumbai  ]           Appellant
     Vs.
Municipal Corporation of Greater ]
Mumbai through it's Commissioner]            Respondent

                          .....
Mr. Rohan Sawant a/w Ms. Disha Jain i/b Mr. Viraj Jadhav, for
Appellant.

Mr. Santosh Parad, for Respondent-M.C.G.M.
                              .....

                               CORAM : PRITHVIRAJ K. CHAVAN, J.

                               DATE    : 25th JULY, 2023.
P.C.

1. Heard learned Counsel for the appellant and the respondent

for some time.

2. Learned Counsel for the appellant has pressed into service

judgment of the Hon'ble Supreme Court in the case of The

Municipal Corporation of Grater Bombay Vs. M/s. Polychem Ltd.,

(1974) 2 Supreme Court Cases, 198 which has been relied on by

this Court in a judgment in case of Rialto Co-operative Housing

Society Ltd. Vs. Municipal Corporation of Greater Bombay and

others, 1997 SCC Online, Bom 221. According to the learned

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20-FA-736-2023.doc

Counsel, the present appeal is squarely covered by the ratio laid

down in the aforesaid decisions.

3. Learned Counsel for the respondent-M.C.G.M seeks time to

go through the aforesaid decisions and to make appropriate

statement.

4. List on 8th August, 2023.

5. Parties to note that the appeal may be disposed of finally at

the stage of admission in light of the narrow controversy, however,

it would be subject to convenience of the Court.

[PRITHVIRAJ K. CHAVAN, J.]

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