M/S. Hasmukhrai And Company A Partnership Firm v. Municipal Corporation Of

915-AOST21151-17+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST NO. 21151 OF 2017 WITH CIVIL APPLICATION ST NO. 21152 OF 2017 Hasmukhrai & Co, a partnership firm ...Appellant

Versus

Municipal Corporation of Greater Mumbai

...Respondent

Mr Jignesh Shah, for the Appellant.

Mrs Madhuri More, for the Respondent-MCGM.

CORAM: G.S. PATEL, J DATED:

2nd August 2017 PC:- 1.

The appeal can be disposed of with a request to the MCGM to file and serve its affidavit in reply on or before 21st August 2017. Affidavit in rejoinder to be filed and served on or before 28th August 2017. The learned Judge of the Trial Court is requested to dispose of the notice of motion on or before 15th September 2017. 2.

Leave to the plaintiffs to place additional documents on affidavit in the notice of motion. This will be done by filing a supplementary affidavit. These documents were inadvertently 2nd August 2017

915-AOST21151-17+.DOC remained to be incorporated. Further affidavit to be filed by 14th August 2017.

3.

Parties will appear before the Trial Court on 18th August 2017 and obtain formal directions in accordance with this order. 4.

The present status quo will continue until the disposal of the notice of motion, and if the notice of motion is decided against the plaintiff, for a period of two weeks thereafter. 5.

The appeal is disposed of in these terms. There will be no order as to costs.

6.

The civil application does not survive and is disposed of as infructuous.

(G. S. PATEL, J) 2nd August 2017