Rakesh Pawar And ANR. v. Mumbai Municipal Corporation And 4 ORS.

25-RPL18-19.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L) NO. 18 OF 2019 IN LEAVE PETITION NO. 65 OF 2019 IN SUIT (L) NO. 247 OF 2019 Rakesh Pawar & Anr

...Petitioners

Versus

Mumbai Municipal Corporation & Ors

...Respondents

Mr Mukesh Vashi, Senior Advocate, with Ms Aparna Deokar, i/b MP Vashi Associates,for the Petitioner.

Mr Kedar Dighe, AGP, for the State of Maharashtra.

Mr Sanjeev R Singh, with Mr Ritesh A Singh and Ms Jyoti S Agrawal, for Defendant No.3.

Mr RY Sirsikar, for MCGM.

CORAM: G.S. PATEL, J DATED:

8th April 2019 PC:- 1.

The Petition seeks review of my order of 3rd April 2019 declining leave to omit to give statutory notice under Section 80 of the Code of Civil Procedure 1908. Mr Vashi correctly points out that the Application needs to be made not before the Chamber Judge but before the Judge to whom an ad-interim application has been made.

8th April 2019

25-RPL18-19.DOC 2.

The Review Petition is made absolute. The order dated 3rd April 2019 is recalled and set aside.

3.

The Leave Petition No. 65 of 2019 is restored to file. Mr Vashi will have it listed after notice before the appropriate Court as and when he is ready to make the necessary application for adinterim relief. (G. S. PATEL, J) 8th April 2019