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Bombay High Court
M/S Apsara Cold Drink House Thr Its ... vs Municipal Corporation Of Greater ... on 20 February, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P1. AOST-5012-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST) NO. 5012 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 5013 OF 20216
M/s. Apsara Cold Drink House .. Appellant
Versus
Municipal Corporation of Greater Mumbai &
Anr. .. Respondents
....................
Mr. Jaydeep Deo, Advocate for Appellant
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 20, 2026
P. C.:
1. Not on board. Mentioned at the time of rising for recess at
02.00 p.m. Urgent indulgence of Court is sought in view of the
imminent threat of Corporation's Officers implementing the notice
which has been issued under Section 351 of the MMC Act, 1888.
2. Heard Mr. Deo, learned Advocate for Appellant. Perused the
Interim Application and its exhibits. He would draw my attention to
the order dated 18.02.2026 passed in Notice of Motion No. 604 of
2026 disposing of the said Notice of Motion finally. However the
operative part of the order is appended as the reasoned order is not
available. He would draw my attention to the case of Plaintiff, inter
alia, stating that the original notice under Section 351 of MMC Act
was issued on 08.09.2025 pursuant to which proceedings and steps
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were taken in the Civil Court by filing L.C. Suit No. 5489 of 2005
culminating in partially decreeing of the said Suit proceedings by
order dated 02.07.2024. He would submit that in the said order,
Defendants - Corporation was strictly directed to reconsider the
impugned notice issued as far back in 2005 in the light of
documentary evidence presented by Plaintiff. He would submit that in
complete disregard of the aforesaid, a fresh speaking order passed on
19.01.2026 has resulted to filing of the present Suit proceedings.
3. In view of the aforesaid prima facie facts emanating from the
record of the case which are duly supported by appropriate
documentary evidence also, all further coercive steps in furtherance of
the fresh speaking order dated 19.01.2026 or any notice issued
thereafter to demolish any unauthorized structure inside the Suit shop
stands stayed forthwith.
4. Corporation shall act on a server copy of this order and ensure
that until the present Appeal from Order and Interim Application are
heard, they shall not act on the impugned notice and speaking order
dated 19.01.2026 which in fact has been passed in furtherance of
notice issued on 08.09.2005 itself.
5. In view of the above issue notice to the Respondents made
returnable on 26.03.2026. Humdast permitted. In addition to Court's
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notice, Appellant is directed to serve copy of the Appeal from Order
and Interim Application along with copy of this order on the
Respondents and inform them about the next date of hearing by any
permissible mode of service and file appropriate affidavit of service
with tangible proof thereof on or before the next date.
6. In view of the above ad-interim relief is granted in terms of
prayer clause (b) of the Interim Application which reads thus:-
"(b) Stay the execution, operation and implementation of the impugned
notice dated 08.09.2005 as well as the impugned speaking order
dated 19.01.2026 issued by the Respondents forming subject matter
of the LC Suit No. 206 of 2026 pending before the City Civil Court,
Mumbai in respect of the Suit premises being Shop Nos. 1 and 2,
Ground Floor, Subhadra Mansion, 74, Walkeshwar Road, Mumbai -
400 006 pending the hearing and final disposal of the aforesaid
Appeal from Order."
7. After receiving the notice, Respondents to file affidavit-in-reply
within a period of four weeks thereafter with advance copy to the
Advocate for Appellant. Rejoinder if any shall be filed within a period
of two weeks thereafter.
8. Needless to state that leave is granted to the Appellant to
amend the present proceedings so as to place on record copy of the
reasoned order as and when the same becomes available to the
Appellant. Re-verification stands dispensed with. Department shall
allow the Appellant to place on record copy of the reasoned order.
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9. Stand over to 26th March, 2026.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.02.20
18:27:52 +0530
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