Manish Omprakash Kukreja v. Municipal Corporation Of Greater Mumbai And ANR

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8. WPL 1038-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1038 OF 2019 Manish Omprakash Kukreja ...

Petitioner

Versus

Municipal Corporation of Greater Mumbai And Another ...

Respondents .....

Mr. Amogh Singh I/b D.P. Singh for the Petitioner. Mr. Bhavik Manek a/w Ms. Sheetal Metakari for the Respondents-MCGM. .....

CORAM : S.C. GUPTE, J.

DATE : 5 APRIL 2019 P. C. :

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This writ petition challenges a warrant of attachment issued by Municipal Corporation of Greater Mumbai ("MCGM") for non-payment of tax under Sections 202 and 203 of Mumbai Municipal Corporation Act, 1888 ("Act"). The warrant has been pasted on the property. The Petitioner has already paid 50 per cent arrears of property tax and offers to pay the balance 50 per cent without prejudice to his rights and contentions. Subject to the Petitioner depositing the balance 50 per cent arrears of property tax, MCGM agrees not to take any further steps in pursuance of the warrant of attachment and remove the same after balance 50 per cent amount is paid. The Petition is, accordingly, disposed of, by permitting the Petitioner to pay the balance 50 per cent arrears of tax demanded by Respondent No.1-MCGM within four weeks from today. Respondent No.1 shall not take any step in pursuance of the warrant of attachment for a

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8. WPL 1038-19.doc period of four weeks from today. After the Petitioner makes payment of balance 50 per cent arrears, Respondent No.1 shall withdraw the warrant of attachment. The petition is disposed of in the above terms. (S.C. GUPTE, J.)