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

901. AO/193/2024 Jaya vs. MCGM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by JYOTI PRAKASH PAWAR Date:

2026.04.16 20:55:39 +0530 JYOTI PRAKASH PAWAR APPEAL FROM ORDER NO. 193 OF 2024 Jaya Korga Shetty ..

Appellant V/s.

The Mumbai Municipal Corporation Of Greater Mumbai ..

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

Ms. Neeta Jadhav i/b Ms. Komal Punjabi for Respondent - BMC. Mr. Vinit Vaity, J.E., B&F Department, F/North is present. _______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

15th APRIL 2026 P.C.:

1.

Pursuant to the order dated 30th March 2026, the concerned officer of the Respondent - Corporation is present in Court today. 2.

Ms. Neeta Jadhav, learned Counsel who appears on behalf of Respondent - Corporation, on instructions, submits that the Corporation would be agreeable to recall the impugned notice and give a fresh opportunity to the Appellant to once again respond to the notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 (MMC ------------------------------------- Order dated 15th April 2026

901. AO/193/2024 Jaya vs. MCGM Act) and thereafter consider and deal with all the documents that may be produced by the Appellant in response thereto. Considering this, the following order is passed:

::ORDER::

(i) The impugned order dated 29th November 2023 passed by the Respondent - Corporation is hereby set aside. (ii) On or before 22nd April 2026, the Appellant shall submit her response to the notice dated 20th January 2023 issued under Section 351 of the MMC Act together with all documentary evidence that she may seek to rely upon in support thereof. (iii) The Corporation shall thereafter consider the said Reply and documents and pass a reasoned order thereon, on or before 15th May 2026.

(iv) Till then, interim reliefs, if any, granted earlier shall continue to operate.

(v) The Appeal from Order is disposed of in terms of the above with no order as to costs.

(vi) All pending Interim Applications taken out in the present Appeal from Order, if any, also stand disposed of in terms of this order.

( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil ------------------------------------- Order dated 15th April 2026