Irla Co-Operative Housing Society Limited v. Municipal Corporation Of Greater Mumbai And ORS.

WP-3593-15.doc 09.04.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3593 OF 2015 Irla Co-operative Housing Society Ltd.

.. Petitioner

Versus

Municipal Corporation of Greater Mumbai and others .. Respondents Shri. Nitin G. Raut, for the Petitioner.

Ms. Pallavi thakur, for the Respondents.

CORAM : R.M. SAVANT, J.

DATE : 09th APRIL, 2015 P.C.

An amount of Rs.30444706/- is due from the occupants of the property in question, wherein the Petitioner society is situated. For recovery of the said amount a Warrant of Attachment has been issued by the Respondent No.1, Municipal Corporation of Greater Mumbai. It appears that there are about 456 commercial units out of which about 196 are the members of the Petitioner society. The Learned Counsel for the Petitioner society Shri. Nitin G. Raut states that in so far as the Petitioner society is concerned, it is agreeable to deposit the component out of Rs.30444706/- which is due from its members and a statement to the said effect would be made on Monday i.e. on 13.04.2015. The Learned Counsel BGP.

WP-3593-15.doc 09.04.2015 for the Petitioner also states that a list of its members along with the liability of each of them towards property tax would be prepared and presented to this Court on the said day i.e. 13.04.2015 . The Learned Counsel further assures this Court that the Petitioner society would pay some amount upfront so that the attachment may not be levied. Hence, to give an opportunity to the Petitioner, at the request of the Learned Counsel for the Petitioner adjourned to 13.04.2015 to be taken up at 3.00 p.m. till then no further steps be taken pursuant to the Warrant of Attachment. [R.M. SAVANT, J] BGP.