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Bombay High CourtRPA/24/2018dismissed

Miten Kumar Kamlesh Savla And ORS v. Municipal Corporation Of Greater Mumbai

2018-08-28Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (STAMP) NO.22045 OF 2018 Miten Kumar Kamlesh Savla and Ors.

.... Petitioners V/s.

Municipal Corporation of Greater Mumbai .... Respondent Mr. Pradeep Thorat, I/by Mr. Anil R. Mishra, for the Petitioners. Mrs. Madhuri More for the Respondent-MCGM.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 28 TH AUGUST, 2018.

P.C. :

1.

Heard Mr. Thorat, learned counsel for the Petitioners, and Mrs. More, learned counsel for the Respondent-Municipal Corporation. 2.

This Review Petition is filed to review the order dated 17th July 2018 passed by this Court dismissing the Appeal from Order and thereby confirming the order passed by the Trial Court of refusing the ad-interim relief.

3.

The only ground on which the Review Petition is filed is that, by the order dated 29th June 2018, the Respondent-Municipal Corporation has appointed the Structural Auditor and awaiting the said report, the order 1/2 RPA(St.)-22045-18.doc

passed by this Court rejecting ad-interim relief be modified. However, considering that the order of appointing Structural Auditor is dated 29th June 2018; whereas, this Court has passed the order on 17th July 2018, there is no subsequent development for review of the order passed earlier.

4.

Apart from that, the Notice of Motion is pending before the Trial Court. It is needless to state that, the said Notice of Motion will be decided by the Trial Court on its own merits and as expeditiously as possible.

5.

The Review Petition, being devoid of merits, stands dismissed. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 RPA(St.)-22045-18.doc