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Bombay High CourtCAW/2902/2022ca disposed off

Shri Ramdeobaba Sarwajanik Samiti Thr. Its Secty., And ANR v. The City Nagpur Municipal Corporation, Nagpur And ANR

2022-12-23Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke1 pages

1-CAW-2902-22 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO.

OF 20 IN WRIT PETITION NO.5194 OF 2009 (D) Radeobaba Sarwajanik Samiti, Nagpur and anr.

-vsThe City of Nagpur Municipal Corporation and anr. -------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. V. Purohit, Advocate for applicants/petitioners. Shri J. B. Kasat, Advocate for non-respondent No.1. Ms S. S. Jachak, Assistant Government Pleader for non-applicant No.2.

CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ. DATE : December 23, 2022 By this application the petitioners in Writ Petition No.5194/2009 seek continuation of the interim order granted on 08/02/2012. By that order on deposit of Rs. 25,00,000/- (Rupees Twenty Five Lakhs) as well as security for the balance amount it was directed that no coercive recovery should be made. The said petitioners seek to challenge the judgment dated 16/12/2022 and hence pray that the interim order be continued. This request is opposed by the learned counsel for the respondent No.1-Nagpur Municipal Corporation. He submits that by calculating the demand as of date, a fresh notice has been served on the petitioners which amount is approximately Rs.14,00,00,000/- (Rupees Fourteen Crore). In the facts of the case and as the interim order was operating since 08/02/2012, the same is continued for a period of six weeks from today and shall cease to operate automatically thereafter. Civil Application is disposed of.

(Urmila Joshi-Phalke, J.) (A. S. Chandurkar, J.) ADWAIT BHANDAKKAR 19:18:04 Asmita