[Cites 0, Cited by 0]
Bombay High Court
Vilas Kamlakar Patil vs Vasai-Virar City Municipal Corp. And ... on 15 May, 2026
2-IA-3135-2026 (C).doc
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.05.15
19:55:03
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3135 OF 2026
IN
WRIT PETITION NO. 9442 OF 2019
Vilas Kamlakar Patil ...Applicant
Versus
Vasai-virar City Municipal Corp. And Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 3629 OF 2026
IN
WRIT PETITION NO. 9442 OF 2019
Vasai-virar City Municipal Corp. And Ors. ...Applicants
Versus
Mr. Gajanan Namdeo Oge And Ors. ...Respondents
__________
Mr. Alankar Kirpekar a/w Sumit Phatale, for the Applicant.
Mr. Pralhad Paranjape i/b. S.S. Bedekar, for the Applicant in
IA/3629/2026 and for Respondent Nos.1 to 4 in WP/9442/2019 and
IA/3135/2026.
Mr. A.I. Patel, Addl. G.P. a/w Mamta S. Srivastava, AGP for Respondent -
State.
__________
CORAM : ADVAIT M. SETHNA &
SANDESH D. PATIL, JJ.
DATE : 15 MAY 2026
(VACATION COURT)
P.C.:
1. Heard learned counsel for the parties.
2. By this Interim Application No.3629 of 2026, the Respondent -
Corporation has prayed for necessary directions to recall the order dated
2-IA-3135-2026 (C).doc
5 May 2026 passed by this Court in Interim Application No.3135 of
2026 and in the alternative, to also recall the directions contained in
paragraph 14(ii) and (iii) of the order dated 5 May 2026 passed by this
Court in Interim Application No.3135 of 2026 in Writ Petition No.9442
of 2019. The said paragraph 14 read thus:-
"14. In the aforesaid circumstances, in our opinion, the following
orders would meet the ends of justice:
(i) Respondent No.1 - Municipal Corporation is directed to deposit
in this Court total amount due and payable to the petitioners as
per the order dated 9 March 2026 passed by this Court in the
aforesaid Writ Petition and/or make payment of the said
amount to the concerned employees, within a period of ten days
from today.
(ii) Till such deposit and/or payments are made, the Municipal
Corporation is directed to stop the expenditure on all activities
except expenses relating to the essential services like electricity
dues, telephone bills. It is specifically directed that all works of
road, buildings and payment of the contractors and, for that
purpose, even the salaries of the superior officers of the
Corporation including their TA/DAs and other office expenses of
the Councillors shall not be released till further orders from the
Court.
(iii) In the event such payment or deposit is made, liberty to the
Corporation to apply to the Court for vacating of the aforesaid
orders."
3. We have heard learned counsel for the parties.
4. Mr. Paranjape, learned counsel for the Respondent - Corporation
on instructions would submit that the amount as directed to be
deposited vide order dated 5 May 2026 has duly been deposited with
the Registry of this Court yesterday i.e. 14 May 2026. A copy of the
requisite receipt in this regard has been submitted to the Court which is
taken on record and marked as Exh. "X" for identification.
2-IA-3135-2026 (C).doc
5. From the above, it thus appears that an amount of
Rs.6,28,75,008/- only has been deposited by the Corporation vide a
Demand Draft dated 13 May 2026 with the Registry of this Court.
6. Having heard the learned counsel for the parties and having
perused the earlier order of this Court dated 5 May 2026 (supra), it
prima facie appears that on deposit of the amount by the Respondent -
Corporation, the said order is required to be modified. This is in
confirmity with sub-para (iii) of paragraph 14 of the said order (supra).
7. In view of the above, we direct that as the said amount is
deposited and considering the averments made in the Interim
Application No.3629 of 2026, the restraint on the said Respondent i.e.
Municipal Corporation as imposed in sub-para (iii) of the paragraph 14
of the said order stands lifted, considering the directions in paragraph
14 (iii) of the said order.
8. At this stage, Mr. Paranjape, on instructions would submit that the
Respondent - Corporation has preferred a Special Leave Petition against
the said order dated 9 March 2026 and 5 May 2026 which is subjudice
before the Supreme Court.
9. Mr. Kirpekar, at this stage, has tendered a draft amendment in
Interim Application No.3135 of 2026, inter alia, directing the
Respondent - Corporation to furnish a computation and break-up of the
amount so deposited. Leave is granted to the Petitioner to amend the
said Interim Application in terms of the draft amendment with a copy to
2-IA-3135-2026 (C).doc
be served on the Respondent - Corporation. Amendment to be carried
out forthwith. Reverification is dispensed with.
10. The Respondent - Corporation is at liberty to file appropriate
Reply to the Amended Interim Application, upon service thereto.
11. Parties are at liberty to move before the Regular Court.
12. All concerned to act on an authenticated copy of this order.
[SANDESH D. PATIL, J] [ADVAIT M. SETHNA, J.]
