Movie Time Multiplex Ltd. v. The Municipal Corpn. Of Gr. Mumbai And 2 ORS

13-wp2189-22.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION VASANT ANANDRAO IDHOL Date: 2022.06.21 17:15:48 +0530 VASANT ANANDRAO IDHOL WRIT PETITION NO.2189 OF 2022 Movie Time Multiplex Ltd.

...Petitioner

V/s.

Municipal Corporation of Gr. Mumbai & Ors.

...Respondents

Mr.G.V.Murti with Mr.Pradeep Dubey i/b Mr.Shobhnath M. Chauhan for the Petitioner.

Ms.Sheetal Metakari i/b Mr.Sunil Sonawane for the Respondent - MCGM.

CORAM : R.D. DHANUKA & M.G. SEWLIKAR, JJ.

DATE : 20 TH JUNE, 2022.

P.C. :- 1.

Rule. Ms.Metkari, learned counsel waives service for the respondent. Rule is made returnable forthwith. 2.

By this petition filed under Article 226 of the Constitution of India, the petitioner prayed for a writ of certitiori for quashing and setting aside the the notice dated 4th October, 2021 and for a writ of certiorari for quashing and setting aside the demand made and fees collected for the periods of lockdown imposed by the respondents. 3.

Mr.Murti, learned counsel for the petitioner invited our attention to the representation made by the petitioner at page 41 of 1/2

13-wp2189-22.doc the petition dated 10th March, 2022 and would submit that the said representation has not been decided till date. 4.

We accordingly direct, Mr.Sanjog Kabre, Deputy Commissioner (Spl.) to consider the said representation dated 10th March, 2022 within a period of eight weeks from today. If the personal hearing is contemplated, the same shall be rendered to the petitioner. The order that would be passed by the Authority, shall be communicated to the petitioner within one week from the date of passing the order. If the representation is accepted, the reliefs sought in the said representation shall be granted within two weeks from the date date of the order. If the representation is rejected, the petitioner would be at liberty to file appropriate proceedings. 5.

It is made clear that this Court has not expressed any views on the merits of the representation made by the petitioner. All the contentions of both the parties are kept open. 6.

The writ petition is disposed of. Rule is made absolute accordingly. There shall be no order as to costs. 7.

All the parties to act on the authenticated copy of this order.

(M.G. SEWLIKAR, J.) (R.D. DHANUKA, J.) 2/2