State Bank Of India Employees Aparna Co-Operative Housing Society Ltd. Thr. Mr. Prakash N. Ganwani v. The Commissioner, Municipal Corporation Of Greater Mumbai

23-CP-343-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.343 OF 2021 WITH APPEAL FROM ORDER NO.322 OF 2021 WITH INTERIM APPLICATION NO.2777 OF 2021 State Bank of India

...Petitioner

Vs The Commissioner, M.C.G.M.

... Respondent ...

Mr. Sachindra Shetye i/by Ms. Shamika Ranade for the Petitioner/Appellant.

Mr. Ravindra Sirsikar for MCGM.

CORAM : SANDEEP K. SHINDE J.

DATE : MARCH 15, 2022.

P.C. :

Pending Appeal, Corporation has sanctioned revised plan th July, 2021. It is at and issued part Occupancy Certificate on 13 Page No.186 of the Appeal Memo.

th In that view of the matter, impugned notice dated 4 February, 2021 issued under Section 353 of the Mumbai Municipal Corporation Act, 1881 does not survive. As a result, the impugned Shivgan 1/2

23-CP-343-21.odt nd September, 2021 passed in Notice of Motion NO.768 order dated 22 of 2021 in Long Cause Suit No.637 of 2021 is quashed and set aside. Appeal is allowed and disposed of in aforesaid terms. Mr. Shetye, learned counsel for the appellant, therefore, does not press Contempt Petition No.343 of 2021. It is disposed of as withdrawn.

As the appeal itself is disposed of, nothing survives in the application therein and same is also disposed of. (SANDEEP K. SHINDE, J.) Shivgan 2/2