Citation : 2026 Latest Caselaw 5329 Bom
Judgement Date : 20 May, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6721 OF 2026
Dinesh Salakchand Gupta
through Power of Attorney
holder Pramod Awasthi ...Petitioner.
V/s
Vasai-Virar City Municipal Corporation ...Respondent.
Mr. Mandar Soman a/w Mr. Vipul Bilve, Mr. Smith Barboz i/b Mulla &
Craige Blunt & Caroe, Advocates for the Petitioner.
CORAM : GAUTAM A. ANKHAD, J.
DATE : 20TH MAY 2026
[ VACATION COURT ]
P.C. :
1. Issue notice to the Respondent.
2. Mr. Mandar Soman, learned counsel for the Petitioner who is
original Plaintiff in the suit submits that the notice of today's hearing has
been given to the Respondent-Corporation.
3. Despite notice, no one appears for the Corporation. The trial
Court by its order dated 26th November 2025 had granted an injunction
restraining the Defendant from implementing the impugned notices
dated 11th May 2025, 13th October 2025 and 27th October 2025. The
learned District Judge in Misc. Appeal No.57 of 2025 has vacated the
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injunction and rejected Plaintiff's prayer for continuation of the status
quo order.
4. As no one appears for the Corporation today, in order to balance
the equities, it is directed that if the Respondent-Corporation undertakes
demolition pursuant to the aforesaid notices, it shall furnish 7 days
written notice to the Petitioner/original Plaintiff, to enable the Petitioner
to take appropriate steps, including seeking ad-interim reliefs in this
Petition.
5. List the matter on 15th June 2026 before the regular Court.
BHARAT [ GAUTAM A. ANKHAD, J. ]
DASHARATH
PANDIT
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