Jaya Korga Shetty v. The Mumbai Municipal Corporation Of Greater Mumbai Thr. F/North Ward

53. AO/193/2024 Jaya vs. MCGM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 193 OF 2024 by JYOTI PRAKASH PAWAR Date:

2026.04.02 15:40:25 +0530 JYOTI PRAKASH PAWAR Jaya Korga Shetty ..

Appellant V/s.

The Mumbai Municipal Corporation of Greater Mumbai Thr. its 'F/North' Ward Office ..

Respondent WITH INTERIM APPLICATION NO. 2194 OF 2024 IN APPEAL FROM ORDER NO. 193 OF 2024 ______________________________________ Mr. Ram U. Singh a/w Mr. Ankur Jain, Ms. Kajal Soni, Mr. Prashant Yadav i/b Adv. C. B. Yadav for Appellant/Applicant.

Mr. Sachin Vajale for Respondent (MCGM).

_______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

30th MARCH 2026 P.C.:

1.

A perusal of the impugned speaking order dated 29th November 2023 passed by the Respondent - Corporation, which order is challenged by the Appellant herein before the Trial Court ex-facie reveals that the Corporation has summarily rejected all 21 documents that were produced by the Appellant in response to the notice issued by the Respondent - Corporation under Section 351 of the Mumbai Municipal Corporation Act, 1888 (MMC Act) without assigning any reason as to why each of the said 21 ------------------------------------- Order dated 30th March 2026

53. AO/193/2024 Jaya vs. MCGM documents were not acceptable and/or do not prove the authenticity of the notice work. When this query was putforth by this Court, Mr. Sachin Vajale, learned Counsel who appears on behalf of Respondent - Corporation sought some time to take appropriate instructions from the concerned officers of the Respondent - Corporation as to whether the impugned notice can be recalled and an opportunity be provided to the Appellant/original Plaintiff to once again respond to the said notice under Section 351 of the MMC Act. 2.

Considering this, place the matter on 15th April 2026 under the caption "For Directions" on the Supplementary Board. 3.

Till then, interim reliefs, if any, shall continue to operate. ( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil ------------------------------------- Order dated 30th March 2026