M/S. Arise Advertisers Pvt. Ltd. v. The Municipal Corporation Of Greater Mumbai

vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.346 OF 2015 WITH CIVIL APPLICATION NO.442 OF 2015 IN APPEAL FROM ORDER NO.346 OF 2015.

M/s Arise Advertisers Pvt. Ltd ...

Appellant.

V/s.

The Municipal Corporation for Greater Mumbai ...

Respondent ALONGWITH APPEAL FROM ORDER NO.347 OF 2015 WITH CIVIL APPLICATION NO.443 OF 2015 IN APPEAL FROM ORDER NO.347 OF 2015 M/s Galaxy Ads ...

Appellant.

V/s.

The Municipal Corporation for Greater Mumbai ...

Respondent Ms. Minal V. Chavan i/by Vinay Hegde, for the Appellant.

Mr. N. V. Walawalkar, Senior Advocate, for respondent Corporation.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 3rd SEPTEMBER, 2018.

P.C. :

1/3

1] Heard learned counsel for the appellants and learned Senior Counsel for respondent corporation.

2] Learned counsel for appellants submits that the order of ad-interim relief was refused by the trial Court in these matters, only on the ground that N.O.C. from MCZMA for installation of hoardings was not obtained.

3] It is submitted by learned counsel for appellants that now said N.O.C. has been obtained by the appellants, and on the basis of the appellant has applied for renewal of licence /permission. 4] Learned Senior Counsel appearing on behalf of respondent corporation also produces on record the copies of N.O.C. granted by MCZMA, which are verified by the Corporation and therefore, he fairly concedes that the order of-ad interim relief which was refused by the trial Court, only on this count, can be set aside and the parties can be relegated to the trial Court for hearing on the Notice of Motion. 5] Accordingly both the Appeals are allowed.

6] The impugned order passed by the trial Court of refusing 2/3

ad-interim relief in both these matters, is set aside. Ad-interim relief as claimed in the Notice of Motion, restraining respondent from removing the hoardings of the appellants, is granted till the decision of the Notice of Motion by the trial Court.

7] Pending Civil Applications in both these appeals are also disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 3/3