Kalyan Dombivli Municipal Corporation And ANR v. Mr. Amit Suhas Gadkari And ANR

caw-217.15 in wp-4949.13 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.217 OF 2015 IN WRIT PETITION NO.4949 OF 2013 Kalyan Dombivli Municipal Corporation & Anr.

... Applicants Vs.

Mr. Amit Suhas Gadkari and Anr.

... Respondents Mr. A.S. Rao, for the Applicants.

Mr. Rahul Shivaji Kadam, for the Respondent No.1/Orig. Petitioner. Mrs. Neha Bhide, AGP 'B' Panel, for Respondent No.2. CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 3rd FEBRUARY, 2015 P.C.

.

Heard the learned counsel appearing for the Applicants and the learned counsel appearing for the first Respondent. The learned counsel appearing for the Applicants has tendered across the bar a copy of letter dated 17 th January, 2015 addressed to the Applicants by the first Respondent as well as a copy of letter dated 2 nd February, 2015 addressed by the Applicants to the first Respondent. The same are taken on record and marked 'X' (collectively) for identification. The learned counsel appearing for the first Respondent on instructions states that the first Respondent will act upon the said letter dated 2 nd February, 2015 without prejudice to his rights and contentions and

caw-217.15 in wp-4949.13 without prejudice to the right of challenging the terms and conditions incorporated in the said letter. He states that the payment of amount of Rs.19,63,780/- will be made immediately. The learned counsel appearing for the Applicants states that within a period of one week from the date on which the aforesaid amount is paid by the first Respondent, D.R.C will be handed over to the first Respondent. 2.

We accept the aforesaid statements. Accordingly, we extend the time granted to the Applicants under the Judgment and Order dated 3/4 th March, 2014 by a period of one month from today. 3.

Application is disposed of on above terms.

(A.K. MENON, J ) (A.S.OKA, J )