Sachin Manohar Kasul v. Mumbai Municipal Corporation

NMWL517.15-904.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO.517 OF 2015 IN WRIT PETITION NO.1082 OF 2015 Sachin Manohar Kausal ..Applicant

IN THE MATTER BETWEEN :

Sachin Manohar Kausal .. Petitioner Vs.

Mumbai Municipal Corporation .. Respondent ---- Ms.Aparna Devkar i/by M.P.Vashi & Associates for the petitioner. Mrs.Geeta Joglekar for respondent-BMC.

---- CORAM : A.S.OKA & K.R.SHRIRAM, JJ.

DATE : 24th August, 2015 P.C.

Not on board. Taken on board.

Heard learned Counsel for the applicant and the learned counsel for the respondent.

Perused the affidavit in support. It is pointed out that for grant of heirship certificate, it is necessary to file a Guardianship Petition. Our attention is invited to the Notice dated 21.8.2015 a copy of which is annexed KJ 1/2

NMWL517.15-904.doc at Exhibit-D to the affidavit in support. Learned Counsel for the applicantpetitioner states that till the date of transfer of the license in the name of the applicant, he will not carry on business. We accept the said statement. Reasonable time of two months deserves to be granted to the applicant to obtain heirship certificate.

Hence, we dispose of the Notice of Motion by passing following order :-

ORDER

(i) Notice of Motion is made absolute in terms of prayer clauses-(a) & (b) subject to condition that the applicant-petitioner will not carry on business till the transfer of the license in his name ; (ii) Before issuing notice of demolition, 15 days' advance notice shall be served by the Municipal Corporation to the applicant-petitioner. (K.R. SHRIRAM, J.) (A.S.OKA,J) KJ 2/2