Devare Co-Operative Housing Society Limited v. The Commissioner, Mcgm And 2 ORS.

kvm 1/2 7-WP2332.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2332 OF 2019 Devare Co-operative Housing Society Limited ..... Petitioner

VERSUS

The Commissioner, Municipal Corporation of Greater Mumbai & Ors.

..... Respondents Mr.Sanjeev Sawant, a/w. Mr.Abhishek Deshmukh, Mr. Jajal Ashwin Juggaldas for the Petitioner.

Mr.R.C.Dhuru, a/w. Ms.Amruta Athavale for the Respndent no.3A. CORAM :

R.D. DHANUKA, J.

DATE :

23rd SEPTEMBER, 2019 P.C.

Mr.Sawant, learned counsel for the petitioner does not dispute that the impugned demand notice issued by the Municipal Corporation can be impugned by filing an appeal before the Small Causes Court. No appeal has been preferred by the petitioner so far against those notices of demand dated 29th January,2018, 28th March,2018, 2nd April,2018 and 22nd May, 2018 and also against the final demand notice dated 9th September,2019. I am thus not inclined to entertain this writ petition. The appellants are at liberty to file appropriate proceedings. 2.

It is made clear that this court has not expressed any views on the merit of the matter.

3.

The impugned notices issued by the Municipal Corporation shall not be implemented for a period of two weeks from today. It is made

kvm 2/2 7-WP2332.19 clear that no further extension of interim order would be granted by this court.

4.

Writ petition is dismissed with aforesaid clarification. No order as to costs.

5.

The parties to act on the authenticated copy of this order. 6.

The petitioner to convey this order to the Municipal Corporation. [R.D.DHANUKA, J.]