Shri Surendra Kumar Agarwal v. The Municipal Corporation Of Greater Mumbai And ANR

209-AO33-14.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 33 OF 2014 WITH CIVIL APPLICATION NO. 45 OF 2014 Surendra Kumar Agarwal ...Appellant f

Versus

The Municipal Corporation of Greater Mumbai & Anr.

...Respondents

Mr PS Dani, Senior Advocate, i/b Sarwankar & Co., for the Appellant.

Mrs Madhuri More, for the Respondent-MCGM.

CORAM: G.S. PATEL, J DATED:

15th June 2017 PC:- 1.

The Appeal is against an ad-interim order. Mr Dani sates that the Notice of Motion itself is ripe for hearing. The Trial Court is requested to dispose of the Notice of Motion at its earliest convenience. All contentions are left open.

2.

In the meantime and pending final disposal of the Notice of Motion, the ad-interim order granted on 17th January 2014 in this Appeal, restraining the Defendants from taking any action in pursuance of the notice dated 19th June 2013 will have to continue. 15th June 2017

209-AO33-14.DOC 3.

In the event that the Notice of Motion is decided against the Plaintiff, that order will continue to operate for a period of four weeks thereafter.

4.

The Appeal from Order is disposed of in these terms. There will be no order as to costs.

5.

The Civil Application does not survive and is disposed of as infructuous.

(G. S. PATEL, J) 15th June 2017