Manoj Ramsevak Sharma v. Municipal Corporation Of Greater Mumbai And 2 ORS

sng wp-1786.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1786 OF 2016 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Omkar Kulkarni along with Shri Chinmay Acharya and Shri Susmit Phatak i/b Ms.P.P.Lalchandani for the Petitioner.

Ms.Vandana Mahadik for the Respondent No.1.

Shri Sahil Mahajan for the Respondent No.2.

- CORAM :

A.S. OKA & SMT. VIBHA KANKANWADI, JJ DATED :

8TH JUNE 2017 P.C.:

1.

Heard learned counsel appearing for the Petitioner. An application made by the Petitioner for grant of license under Section 394 of the Mumbai Municipal Corporation Act, 1888 has been rejected by a communication dated 3rd December 2015. Remedy of preferring an Appeal against the said order under the second Proviso to Section 394 of the said Act of 1888 is available to the Petitioner. Only on that ground, we decline to entertain this Petition.

sng wp-1786.16 Accordingly, the Petition is disposed of with liberty to the Petitioner to prefer a statutory Appeal in accordance with law.

2.

If such Appeal is filed by the Petitioner within a period of four weeks from today, the concerned Appellate Authority is bound to note that this Petition was lodged on 22nd June 2016 which remained pending in this Court till today.

3.

All contentions on merits are kept open.

(SMT.VIBHA KANKANWADI, J) (A.S.OKA, J)