Municipal Corporation Of Greater Mumbai v. The New Aarti Co-Op. Housing Society Ltd.

645.14-ao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

APPEAL FROM ORDER NO.645 OF 2014 WITH CIVIL APPLICATION NO.780 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vinod Mahadik for the Appellant.

Mr. Hemant Mehta i/b. Mehta & Co. for the Respondent.

CORAM : K. K. TATED, J.

DATE : JANUARY 27, 2015 P.C.:

1.

Heard. This Appeal from Order is preferred by the original Defendant challenging the adinterim order dated 03/09/2013 passed by the Bombay City Civil Court in draft Notice of Motion in Long Cause Suit No.2613/2013 restraining the corporation from enforcing the notices dated 09/05/2013, 26/06/2013 and 14/08/2013 issued under section 354 of the Mumbai Municipal Corporation Act, 1888.

2.

The learned counsel for the Respondent - Plaintiff submits that the pleadings are already completed and the Notice of Motion is ready for hearing.

Basavraj G Patil 1/2

645.14-ao 3.

In view of these facts, the Appeal from Order is disposed of with directions to the Bombay City Civil Court to decide the Notice of Motion preferred by the Plaintiff, as early as possible, in any case on or before 30/04/2015.

4.

In view of disposal of the Appeal from Order, nothing survives in the Civil Application. Same stands dismissed as infructuous.

JUDGE Basavraj G Patil 2/2