Shakti Sikandarlal Kapoor And ANR. v. Municipal Corporation Of Greater Mumbai, Mumbai

17-ia-2696-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2696 OF 2021 IN FIRST APPEAL NO.2509 OF 2011 Shakti Sikandarlal Kapoor and Anr.

...Applicants vs.

Municipal Corporation of Greater Mumbai

...Respondent

VISHAL SUBHASH PAREKAR Ms. Lakshmi Bussa i/b. M.V. Kini & Co., for the Applicants. Smt. Shilpa Redkar, for the Respondent-MCGM.

by VISHAL SUBHASH PAREKAR Date: 2021.10.06 18:06:04 +0530 CORAM :

N. J. JAMADAR, J.

DATE :

OCTOBER 05, 2021 P.C.:

.

Heard the learned counsel for the applicants and learned counsel for the respondent-MCGM.

2.

The applicants have preferred this application seeking return of the documents which were tendered by the applicants/plaintiff in L.C.Suit No. 3387 of 2002. The said suit was instituted by the applicants assailing the legality, propriety and correctness of notice issued by the defendant/appellant/Corporation under section 351 of the Mumbai Municipal Corporation Act. The said suit was decreed by the judgment and order dated 7th October, 2010, which is assailed by the appellant/ Corporation in the instant appeal. 3.

For the reasons assigned in the application and having regard to the nature of the dispute, there does not seem any impediment in Vishal Parekar, P.A.

...1

17-ia-2696-2021.doc ordering the return of the documents as enumerated in the List of Documents (Exhibit B) subject to the applicants furnishing true copies of those documents for the record.

4.

The application stands allowed in terms of the prayer clause (a) subject to furnishing true copies of those documents and an undertaking to produce the original documents as and when direced.

(N. J. JAMADAR, J.) Vishal Parekar, P.A.

...2