Ranjit Singh Chandhok v. Municipal Corporation Of Greater Mumbai Thr. H-West Ward

914-ao-167-2025-ia-3578-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 167 OF 2025 WITH INTERIM APPLICATION NO. 3578 OF 2025 Ranjit Singh Chandhok ... Appellant/Applicant vs.

Municipal Corporation of Greater Mumbai through H-West Ward ... Respondent Mr.Prathamesh Seth a/w. Mr. Joseph Fenandes and Mr. Hitesh Kalbate for Appellant.

Mr. Om Suryavanshi for Respondent-BMC.

Mr. Akash Patil J.E(B & F) H/W present.

CORAM : GAURI GODSE, J.

DATED : 22nd APRIL 2025 ORDER:

1.

Learned counsel for the corporation has tendered an affidavit dated 22nd April 2025 of Mr. Dinesh Pallewad, Assistant Commissioner. The affidavit tenders an apology for taking action despite the order of the status quo.

2.

Learned counsel for the appellant submits that the appellant had already made a statement earlier that the appellant would apply Page no. 1 of 2

914-ao-167-2025-ia-3578-2025.doc for regularisation and accordingly, shall tender an affidavit-cumundertaking in this court. He however, submits that in view of the FIR lodged by the corporation despite the order of status quo there is a threat of demolition and taking criminal action against the appellant. He therefore, submits that the appellant would be required to file a petition for quashing the FIR. 3.

Learned counsel for the corporation seeks time to take instructions whether the officer who has lodged FIR is willing to consent for quashing the FIR on the ground that the complaint was lodged despite the order of status quo. He further submits that he will provide a copy of the FIR which is lodged pursuant to the complaint filed by the officer.

4.

List the appeal on 28th April 2025. To be listed under the caption for 'direction'.

5.

Ad-interim protection already granted shall continue till further orders.

(GAURI GODSE, J.) Page no. 2 of 2