Mitesh Shah And 15 ORS. v. Municipal Corporation Of Gr. Mumbai And 2 ORS.

552-WPL-1068-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1068 OF 2018 Mitesh Shah & Ors.

...Petitioners

Versus

Municipal Corporation of Greater Mumbai & Ors.

...Respondents

---------- Mr. Bipin J. Joshi, for the Petitioners.

Ms. Geeta Joglekar, for the Respondent-BMC.

---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 9 April 2018 ORDER :

1.

Not on board. Taken on board.

2.

After having perused the Affidavit in Reply filed by 1 / 2 April 9, 2018

552-WPL-1068-18.doc Shri. Suraj P. Ambre, Assistant Engineer, TAC (W.S & Z-I), we find that the adjudication of various issues involved in this Petition will require the recording of oral evidence including the evidence of experts. More appropriate remedy will be to file a Civil Suit.

3.

Accordingly, we decline to entertain this Petition. The Petition is disposed of. However, the remedies of this Petitioner are kept open. All the contentions on merits are also kept open.

[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 2 / 2 April 9, 2018