Amarnath Baijyanath Yadava And ANR v. The Commissioner And 5 ORS

Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 726 OF 2017 WITH NOTICE OF MOTION (ST.) NO. 163 OF 2017 Amarnath Baijyanath Yadav & Anr.

...Petitioners

Versus

The Commissioner, Mumbai Municipal Corporation & Ors.

...Respondents

---------- Mr. Subhash Jha, a/w Ms. Sanjana Pardeshi, i/b Law Global, for the Petitioners.

Mr. R.J. Mane, AGP , for the Respondent-State. Ms. Vandana Mahadik, for Respondent-MCGM.

Mr. Ravindra Jathare, Asstt. Superintendent (Market). ---------- CORAM :

SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.

DATE : 6 October 2017 1/3

ORDER :

Since we were not inclined to grant the prayer made in this petition, the learned counsel for the petitioner states that the petitioner would offer to pay the dues, if the corporation permits the petitioner to pay the same, in installments. Ms. Mahadik, the learned counsel for the corporation states that the dues payable by the petitioner are more than Rs. 5,00,000/- excluding the GST and in view of the instructions secured from Shri. Ravindra Jathare, Asstt. Superintendent (Market), who is present in the court today, the corporation does not have any objection, if the petitioner pays the actual amount due in three equal bi-monthly installments (two months), within a period of six months.

The learned Counsel for the petitioner states that the petitioner agrees to pay the amount due, in three equal bimonthly installments within six months. Hence, with the consent of the learned counsel for the parties, following order is passed.

(i) The petitioner would pay the amount due and payable to the corporation in three equal bimonthly installments (once in two months) within six months.

(ii) After the last installment is paid, the corporation would put the petitioner in possession of the 2/3

shop premises, within three days.

(iii) There shall be no order as to costs.

In view of the disposal of the writ petition, the notice of motion stands disposed of.

[RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.] 3/3