Samartha Development Corporation v. Municipal Corporation Of Greater Mumbai

913. IA 804-24 in EXAL 5358-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 804 OF 2024 IN EXECUTION APPLICATION (L) NO. 5358 OF 2024 Samartha Development Corporation ...Applicant V/s.

Municipal Corporation of Greater Mumbai

...Respondent

Mr. Amit Mehta with Mr. Danish Qureshi i/b Mahimtura and Co.,Advocate for the Applicant/Judgment Creditor. Mr. Sagar Patil for Respondent No.1-Corporation.

CORAM

:

ABHAY AHUJA, J.

DATE :

26th MARCH, 2024 P.C. :

1.

This interim application has been filed in execution of order and judgment dated 7th November, 2023, whereby this Court has directed the Respondent No.1-Municipal Corporation of Greater Mumbai to refund to the Applicant to Rs. 2,22,12,900/- along with interest at the rate of 9%.

2.

Mr. Mehta, learned Counsel appearing for the Applicant would submit that till date no payments has been paid despite 8 weeks granted, pursuant to the order dated 7th November, 2023, having lapsed.

Nikita Gadgil 1/2

913. IA 804-24 in EXAL 5358-24.doc 3.

Mr.Patil, learned Counsel appears for the Respondent No. 1 and seeks some time submitting that he has just been briefed in the matter. 4.

For Mr. Patil, learned Counsel for the Respondent No.1 to take instructions on the timeline within which the refund would be paid along with interest, list on 17th April, 2024. (ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2024.03.27 14:31:00 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2