M/S Nathani And Company Thr. Proprietor Ritesh S/O Suresh Nathani And Others v. The Nagpur Municipal Corporation Through Commissioner, Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Writ Petition No. 2397 of 2019 [M/s. Nathani & Company & others Vs. The Nagpur Municipal Corporation & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S. S. Sanyal, Adv., for the petitioners. ----

CORAM

:

R. K. DESHPANDE AND S. M. MODAK, JJ.

DATE :

25th March, 2019 All the petitioners have agreed to deposit the payment of Occupation Charges demanded by the Corporation, within a period of two weeks, with the Corporation. This is without prejudice to the rights of the petitioners to challenge the action of the respondents in a pending suit. Merely because the petitioners have deposited the amount would not mean that they have surrendered or waived their right. If the petitioners succeed in the civil suit which is pending, the respondents shall have to give the petitioners credit of the said amount taken in excess.

The petition, therefore, stands disposed of. However, for a period of two weeks, no action shall be taken by the Corporation pursuant to the notice dated

21st February, 2019. If the amount is not deposited within a period of two weeks, the respondents shall be at liberty to proceed further as per the notice issued on 21st February, 2019.

Judge Judge |hedau|