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Bombay High CourtCAW/2331/2015disposed off

Indus Towers Limited v. Mira Bhayandar Municipal Corporation And ORS

2015-09-10Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice A.S. Oka3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2331 OF 2015 IN WRIT PETITION NO.6802 OF 2013 Indus Towers Limited ... Applicant

Versus

Mira Bhayandar Municipal Corporation and Ors. ... Respondents Mr. Surel S. Shah a/w Mr. Rahul Bothra i/by M/s. D.H. Law Associates, for the Applicant.

Mr. N.R. Bubna, for the Respondent Nos.1 to 4. Mr. Rohit Gupta i/by M/s. Mulla & Mulla & CBC, for Respondent No.7. Mrs. M.P. Thakur, AGP, for Respondent No.8.

CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

DATE : 10th SEPTEMBER, 2015 P.C.

.

Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent Nos.1 to 4. 2.

Ad­interim relief in terms of prayer clauses (a) and (b) has been already granted. Prima facie, it appears that the order dated 15th July, 2015 is contrary to the interim order passed by the Division Bench of this Court on 4th September, 2013.

3.

Therefore, prayer clause (a) will have to be granted. As far as prayer clause (b) is concerned, the learned counsel appearing for the contesting Respondents states that compliance has been made with the order dated 12th August, 2015. Accordingly, application is disposed of by passing the following order :­

ORDER

Application is allowed in terms of prayer clause (a). (V.L. ACHLIYA, J ) (A.S. OKA, J )

Certified to be true and correct copy of the original signed Judgment/order.