Harmandar Singh Pratap Singh Matharu And ORS v. Kalyan Dombivili Municipal Corparation Thr. Municipal Corporation Thr. Munucipal Com. And ANR

2024:BHC-AS:21278-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5686/2024 HARMANDAR SINGH PRATAP SINGH MATHARU AND ORS.

..PETITIONERS VS.

KALYAN DOMBIVILI MUNICIPAL CORPORATION AND ANR.

..RESPONDENTS ------------ Senior Advocate Mukesh Vashi i/b M/s. M.P. Vashi and Associates for the Petitioners.

Adv. Sandeep D. Shinde for Respondent No.1.

------------ CORAM : M. S. KARNIK & KAMAL KHATA, JJ.

DATE : MAY 07, 2024 P.C.:

1.

Heard learned senior advocate Shri Vashi for the petitioners and learned counsel for respondent No.1. 2.

Learned counsel for respondent No.1-Corporation invited our attention to Section 406 of the Maharashtra Municipal Corporation Act, 1949 ('MMC Act' for short) and submitted that the petitioners' remedy is to file appeal under Section 406 of the MMC Act. It is further submitted that the outstanding dues are to the tune of Rs.5,00,00,000/- (Rupees Five Crore) approximately. This is 1/3

seriously disputed by the petitioners. We do not propose to go into this dispute considering that there is a remedy of an appeal under Section 406 of the MMC Act.

3.

Learned senior advocate Shri Vashi, on instructions, submits that an amount of Rs.70,00,000/- (Rupees Seventy Lakh) will be deposited with respondent No.1-Corporation, without prejudice, within 6 weeks from today. In the meantime, he submits that the petitioner will resort to the remedy under Section 406 of the MMC Act by filing an appeal against the impugned order. The statement is accepted.

4.

For a period of 8 weeks from today, no coercive steps be taken against the petitioners.

5.

If the aforementioned appeal under Section 406 of the MMC Act is filed, the same shall be heard on its own merits and in accordance with law without being influenced by any of the observations made by us in this order. 6.

All the contentions of the parties are kept open. 7.

If any prayer for interim relief is made in the appeal, the same shall be decided on its own merits in accordance 2/3

with law and without being influenced by the limited protection granted hereinabove.

8.

The writ petition is disposed of in the above terms. (KAMAL KHATA, J.) (M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 08/05/2024 10:59:57