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Bombay High CourtWP/2026/1993dissmiss for defaultnonprosecution

Chintamani Co-Op.Hsg.Soc.Ltd. v. Bombay Municipal Corporation And ORS.

2016-05-05Hon'Ble Shri Justice M.S. Sonak1 pages

skc 904-WP-2026-93

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2026 OF 1993 Chintamani Co-operative Housing Society Ltd.

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Petitioner vs.

The Bombay Municipal Corporation & Ors.

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Respondents None for Petitioner.

None for Respondents.

CORAM : M. S. SONAK, J.

DATE : 05 MAY 2016 P.C :

1] Neither the petitioner nor their Advocates are present. 2] This petition, which was instituted in the year 1992 was admitted on 8 December 1993 and interim relief was granted in terms of prayer clause (c). The effect of the interim relief is that the respondents are restrained from recovering levied repair cess, even though, the municipal appeal no. 179 of 1989 instituted by the petitioner came to be dismissed by the Additional Chief Judge on 14 February 1992.

3] In the aforesaid circumstances, this petition is dismissed for non prosecution. The interim order is vacated. (M. S. SONAK, J.) Chandka 1/1