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Bombay High CourtWP/1227/2019disposed off

Manoj Shah @ Manoj Shah And 3 ORS. v. The Municipal Corp. Of Gr. Mumbai And 9 ORS.

2019-04-05Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

908-WPL.262.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 262 OF 2019 Manoaj Shah @ Manoj Shah } and Ors.

} Petitioners versus The Municipal Corporation } of Greater Mumbai and Ors.

} Respondents Mr.Rohaan Cama with Mr.Neel Kothari I/b. M/s. Jayakar and Partners for the petitioners.

Ms.Vandana Mahadik for the Municipal Corporation.

Mr.Aditya Pimple with Mr.Niranjan Amin I/b. M/s.B. Amin and Co. for respondent nos.6 to 10.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATE :- APRIL 5, 2019 P.C. :- 1.

At the hearing of this petition, Mr.Rohan Cama learned counsel appearing for the petitioner hands over a copy of the letter dated 29th March, 2019 addressed to the Assistant Assessor and Collector (respondent no.4 to this petition). This letter is received by the said respondent and this letter records that the petitioner makes full payment of the property taxes, including the share, if any, of respondent no. 5.

J.V.Salunke,P.S.

908-WPL.262.2019.doc 2.

In the light of this letter, Mr.Cama has been instructed to seek leave to withdraw this petition with liberty to pursue such remedies as are permissible in law, including seeking to recover the amount which has been paid towards respondent no.5. The Municipal Corporation will also be requested to issue unit-wise bills or split the bills of property taxes unit-wise. 3.

We record that mere withdrawal of this writ petition and unconditionally so also the contents of this letter will not prevent the petitioner from taking recourse to such remedies as are permissible in law to seek the above reliefs. 4.

The writ petition is disposed of as withdrawn with liberty as above.

(B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,P.S.