Abbot Anthony Quinny v. Vaibhav Development Corporation And 7 ORS.

901-LPETN217-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 217 OF 2018 IN SUIT (L) NO. 609 OF 2018 Abbot Anthony Quinny

...Petitioner

Versus

Vaibhav Development Corporation & Ors

...Respondents

Mr HV Kumarswami, for the Petitioner.

Mr Wasim Shaikh, i/b Pravin Mehta & Mithi & Co, for the Respondents Nos. 3 & 4.

Mr AR Shaikh, i/b ASD Associates, for the Respondent No. 5.

CORAM: G.S. PATEL, J DATED:

17th July 2018 PC:- 1.

This is a Petition for waiver of notice under Section 80(2) of the Code of Civil Procedure 1908 ("CPC") to grant exemption from giving statutory notice to the State Government. The second part of the prayer seeks exemption from giving notice under Section 527 of the Mumbai Municipal Corporation Act 1888. 2.

The second part of the reliefs sought cannot be granted. There is no provision for waiver of notice under Section 527 of the Mumbai Municipal Corporation Act 1888.

17th July 2018

901-LPETN217-18.DOC 3.

On the face of it there is no urgency such as to warrant an exemption even under Section 80 of the CPC. The Plaint itself shows that the Law and Judiciary Department of the State of Maharashtra cleared the file for handing over the property for road widening on 6th July 2014. The Plaintiff himself objected as far back on 16th October 2017. I am also informed that the Plaintiff had earlier filed a Writ Petition.

4.

On the averments and prayers of the Petition, it is not possible to grant leave.

5.

The Petition is dismissed.

(G. S. PATEL, J) 17th July 2018