M/S. Atithi Business Consultants Pvt. Ltd. And ANR v. The Municipal Corporation Of Greater Mumbai And ANR

24-AO426-15.DOC SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 426 OF 2015 WITH CIVIL APPLICATION NO. 553 OF 2015 IN APPEAL FROM ORDER NO. 426 OF 2015 M/s. Atithi Business Consultants Pvt Ltd & Anr ...Appellants

Versus

The Municipal Corporation of Gr Mumbai & Anr

...Respondents

Ms. Niyati Hakani, i/by Ms. Kirti Hakani, for the Appellants. Mrs. Madhuri More, for Respondent No.1/MCGM.

CORAM: Smt. Anuja Prabhudessai, J DATE : 16th April, 2018.

PC:- 1.

The Appellant herein had challenged the order dated 18th February, 2015, whereby the learned Judge, City Civil Court, Mumbai, had dismissed the Notice of Motion No.1439 of 2012 in L.C. Suit No.1176 of 2012.

2.

The learned Counsel for the Appellants states that the evidence of PW-1 has already been recorded and the Plaintiff 1/2

24-AO426-15.DOC may examine another witness. Considering the above facts and also considering that this Court had granted ad-inerim relief on 6th April, 2015, which is continuing till date, in my considered view, the Suit itself can be disposed of expeditiously.

3.

In the light of above, the Appeal is disposed of with direction to the parties to maintain status quo till disposal of the Suit. The Trial Court to endeavour to dispose of the Suit as expeditiously as possible and in any event within a period of one year from the date of receipt of the order. 4.

In view of disposal of the Appeal, the Civil Application does not survive and is disposed of accordingly. [Smt. Anuja Prabhudessai, J.] 2/2