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Bombay High CourtNMW/284/2018absolute

Mohammed Mehdi Mansoorian v. The Municipal Corporation Of Gr. Mumbai And 4 ORS.

2018-07-09Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

nmw-284.18.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.284 OF 2018 IN WRIT PETITION NO.3185 OF 2017 Shaikh Mohd. Shabbir ... Applicant In the matter between Mohammed Mehdi Mansoorian ... Petitioner Vs.

The Municipal Corporation of Greater Mumbai and Ors.

... Respondents Mr. Shaikh Mohd. Shabbir for the Applicant in NMW/284/2018. Mr. Abhijit Deshmukh i/b. Mr. Himanshu Kode for the petitioner. Ms. Vandana Mahadik for the Respondent - BMC. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

9th JULY 2018 P.C.

Heard the applicant appearing in person. Applicant is the fifth respondent in the writ petition. Prayers (A) to (D) are in the nature of substantive reliefs sought by the applicant against the Municipal Corporation. Prayer (E) is for quashing a First Information Report/ complaint. For prayer (E) the applicant will have to seek relief by filing appropriate proceedings on the criminal side. Prayer (F) is in support of prayer clauses (A) to (D). Even for prayer clauses (A) to (D), applicant will have to file appropriate proceedings as such a relief cannot be

nmw-284.18.odt sought by a respondent in the writ petition. Accordingly, we dispose of the notice of motion by granting liberty to the applicant to file appropriate proceedings in accordance with law for seeking reliefs which are sought in this notice of motion. All contentions on merits are kept open.

Pallavi Mahendra Wargaonkar Pallavi Mahendra Wargaonkar Date: 2018.07.17 17:57:09 +0530 (RIYAZ I. CHAGLA, J) (A.S. OKA, J)