Sumit Facilities Ltd. v. Pune Municipal Corporation, Pune Thr Its Municipal Commissioner And ORS

904-IAST.21149.2024 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST) NO. 21149 OF 2024 IN WRIT PETITION NO. 9974 OF 2024 WITH INTERIM APPLICATION NO. 21189 OF 2024 Sumit Facilities Ltd.

} Applicant In the matter between Sumit Facilities Ltd.

} Petitioner

Versus

Pune Municipal Corporation, } Pune & Ors.

} Respondents Mr. Abhijit Kulkarni i/b. Mr. Chinmay Patil & Mr. Seoul Shah for applicant/petitioner.

JAYANT VISHWANATH SALUNKE JAYANT VISHWANATH SALUNKE Date: 2024.08.01 16:02:47 +0530 Mr. Vishwanath Patil for respondents 1 to 5.

Mr. Radhikesh Uttarwar with Ms. Pooja R. Thakur for respondent no. 6.

Mr. Amol Solanki, Junior Engineer of PMC present. CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

DATE:

1st AUGUST 2024 P.C.:

INTERIM APPLICATION (ST) NO. 21149 OF 2024:

1.

Having regard to the nature of amendment sought, the interim application is allowed in terms of prayer clause (a). 2.

Necessary amendment shall be incorporated by the learned counsel for the petitioner within a week and amended

904-IAST.21149.2024 copy of the petition be served upon the learned counsel for the respondents within this period. Reverification is dispensed with. 3.

The interim application is disposed of.

WP/9974/2024 & IAST/21189/2024:

4.

Let affidavit in reply be filed by the respondents within two weeks from the date amended copy of the petition is served upon them. A week's time thereafter shall be available to the learned counsel for the petitioner to file rejoinder affidavit, if any.

5.

It has been contended by learned counsel for the petitioner that pursuant to the work order, the respondent no. 6 has not started the work of cleaning, however, the said fact has been disputed by learned counsel for the Corporation as also the learned counsel representing the respondent no. 6. 6.

Learned counsel representing the Corporation, on the basis of instructions received, states that the work order was issued on 18th July 2024, pursuant to which respondent no. 6 has resumed the work.

7.

In these circumstances, we hereby provide that the work order in respect of the subject work shall be subject to further orders which may be passed on this writ petition. 8.

Stand over to 5th September 2024.

(AMIT BORKAR, J.) (CHIEF JUSTICE)