M/S Shashanti Consultant And Investment Co.Pt.Ltd. v. The Mun.Corpn. Of Gr. Mumbai

WP.313.2015(21) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 313 OF 2015 M/s. Shashanti Consultant & Investment Co. Pvt. Ltd.

...Petitioner

Vs.

The Municipal Corpn. Of Gr. Mumbai & Anr.

...Respondents

Mr. Jitendra J. Shah for the Petitioner Ms. Shobha Ajitkumar for the Respondent Nos. 1 and 2 CORAM : A.S.OKA, & C.V. BHADANG, JJ.

DATE : JANUARY 05, 2016 P.C.:

1.

It is not in dispute that the petitioner had challenged the impugned notice under Section 53(1) of the Maharashtra Regional and Town Planning Act 1966 by filing a suit in the City Civil Court. The order on page Nos. 25 and 26 shows that the suit is pending and the said Court had declined to grant adinterim relief. The notice of motion has been made returnable. 2.

In view of the pendency of a substantive suit, we decline to entertain this writ petition. Accordingly the same is disposed of. All the contentions on merits of the pending suit are kept open. (C.V.BHADANG,J.) (A.S.OKA,J.)