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Bombay High CourtWP/1895/2018disposed off

Siesta Hospitality Services Ltd. And ANR v. Municipal Corporation Of Greater Mumbai And 3 ORS

2018-06-26Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

523-WPL-2113-2018.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2113 OF 2018 Siesta Hospitality Services Ltd. & Anr.

... Petitioners

Versus

Mumbai Municipal Corporation of Gr Mumbai ... Respondent Mr. Joseph Kodianthara, Senior Counsel with Rakesh Sawant for Petitioners.

Mr. Janak Dwarkadas, Senior Counsel with Mr. Sharan Jagtiani, Mr. Ranjit Shettty, Mr. Rahul Dev, I/b Argus Partners for Respondent No.4.

Ms. Pallavi Thakar, for Respondent - BMC.

CORAM:

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

DATE:

26TH JUNE, 2018.

PC:- 1.

Not on board. Taken on board.

2.

The learned senior counsel appearing for the Petitioners on instructions seeks permission to amend the Petition for deleting the averments in clause (P) of paragraph 3 of the Petition as the Petitioner wants unconditionally withdraw the allegations made therein. We accordingly grant leave to amend which shall be carried out within a period of one week from the date on which this order is uploaded. On instructions the learned senior counsel seeks leave to withdraw this Writ Petition with liberty to agitate the contentions raised in this Writ Petition, while defending 1/2

523-WPL-2113-2018.DOC prosecution which may be lodged on the basis of the impugned notices.

3.

Accordingly the Writ Petition is disposed of as withdrawn. All contentions on merits are kept open.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2