Mahesh Brahmadatt Tiwari vs The Municipal Corporation Of Gr Mumbai ...
2026 Latest Caselaw 5147 Bom

Bombay High Court

Mahesh Brahmadatt Tiwari vs The Municipal Corporation Of Gr Mumbai ... on 15 May, 2026

                                                                                                 4-IA-3443-2026 (C).doc
           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2026.05.15
           19:32:07
           +0530
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                         CIVIL APPELLATE JURISDICTION

                                                  INTERIM APPLICATION NO. 3443 OF 2026
                                                                   IN
                                                      FIRST APPEAL NO. 483 OF 2026

                              Mahesh Brahmadatt Tiwari                                          ...Applicant
                                   Versus
                              The Municipal Corporation Of Gr Mumbai And Ors.                   ...Respondents
                                                           __________

                              Dr. Uday P. Warunjikar a/w Ms. Sonali R. Chavan i/b. Aishwarya R.
                              Tuwar for the Appellant.
                              Mr. Pradeep M. Patil for Respondent - BMC.
                                                            __________

                                                             CORAM :    ADVAIT M. SETHNA, J.

DATE : 15 MAY 2026 (VACATION COURT)

P.C.:

1. Heard learned counsel for the parties.

2. Dr. Warunjikar, learned counsel, at the very outset, would point

out that Suit has been filed before the City Civil Court, Mumbai

challenging the notice dated 18 December 2009 issued by the

Respondent - Municipal Corporation of Greater Mumbai u/s. 351 of the

Mumbai Municipal Corporation Act, 1881 ("MMC Act" for short).

Pursuant thereto, the Suit was dismissed.

3. The attention of the Court is invited to an order dated 12 March

2026 issued by the Trial Court. Pursuant to the dismissal of the said Suit,

where an application accompanied by prayer was made for grant of

4-IA-3443-2026 (C).doc

extension of interim relief, the Trial Court, by the order dated 12 March

2026 directed that the interim relief granted vide order dated 9

September 2019 needs to be continued till the period of the Appeal and

is continued as such. This would include interim stay on the Impugned

Notice of 18 December 2009 issued by the Respondent under Section

351 of the MMC Act.

4. Considering the above, in the given factual circumstances, by way

of ad-interim order, it will be just and appropriate to extend such

protection in favour of the Applicant i.e. to continue the ad-interim stay

on the said Impugned Notice until the next date of hearing i.e. 16 June

2026.

5. All concerned to act on an authenticated copy of this order.

[ADVAIT M. SETHNA, J.]