Ekta Shelters Private Limited v. Municipal Corporation Of Greater Mumbai And 2 ORS

1/2 (wpl 979 of 2016 and WP 1041 of 2016) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 979 OF 2016 Ekta Shelters Private Limited ....Petitioners Vs.

Municipal Corporation of Greater Mumbai and Ors.

....Respondent WITH WRIT PETITION No.1041 of 2016 Mr. Rahul H. Bhatt

...Petitioner

Vs.

M.C.G.M. & Ors.

...Respondents

****** Ms. Divyanka Kapoor i/b. Wadia Ghandy for Petitioners Mr. Chirag Shah i/b. J.J. Shah for Respondent No.2 Ms. Shobha Ajitkumar for Respondent -BMC Ms. Dipti Das a/w. Ms. Gautami i/b. Divya Shah Associates for Respondent No.3 ****** CORAM : V. M. KANADE & M.S. KARNIK, JJ.

DATE : MAY 5, 2016 P.C. :

1.

The parties have amicably settled the dispute and have filed their consent terms. The consent terms are signed by the Petitioners and Respondent Nos.2 and 3 and their respective advocates. All the parties are present in the Court. The Consent terms are taken on record and marked 'X'

2/2 (wpl 979 of 2016 and WP 1041 of 2016) for the purpose of identification.

2.

By the petition, which is filed under Article 226 of the Constitution of India, the petitioners are seeking an appropriate writ, order and direction, directing Respondent No.1 - Municipal Corporation to implement and enforce the notice dated 6th January, 2016 which is issued under section 354 of the MMC Act and for other consequential reliefs. Upon a suggestion being given by this Court to the parties, Petitioners and Respondent Nos.3 and 4 have amicably resolved the dispute and accordingly, they have filed their consent terms.

3.

Writ petition is disposed of in terms of the Consent Terms. Undertaking, if any, given by both the parties is accepted. In view of the consent terms, which are filed, Respondent No.1 not to execute the notice dated 6th January, 2016.

4.

In view of the statement made in paragraph No.4 of the consent terms by the parties, the Writ Petition No. 1041 of 2016 i.e. Writ Petition (L) No. 718 of 2016 stands withdrawn and is accordingly disposed of . M.S. KARNIK J.

V.M. KANADE, J.