M/S G. T. Pest Control Pvt. Ltd. Thr. Authorised Signatory Girish Ramchandra Palve v. Nashik Municipal Corporation Nashik
2025:BHC-AS:13164 79ia934-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.934 OF 2025 IN FIRST APPEAL (ST) NO. 320 OF 2025 M/s. G.T. Pest Control Pvt. Ltd.
Through Authorised Signatory Girish Ramchandra Palve ... Applicant.
Versus
Nashik Municipal Corporation, Nashik ... Respondent.
----- Mr. Kunal Bhanage, Mr.Saurabh Utangale and Mr.Rohan Sawant for the Applicant.
Ms. Chaitrali Deshmukh for the Respondent.
----- Coram : Sharmila U. Deshmukh, J.
Date : March 19, 2025 P.C. :
1.
Interim Application has been preferred seeking prohibitory injunction against the Respondent from recovering and or adjusting towards penalty the amount which has already been deducted by the Respondent from the amount of invoices raised and the security deposit with the Respondent and for restraining the Respondent from taking any coercive steps to recover any further amount from the Applicant. The suit which has been filed by the Applicant has been dismissed and therefore, there is no question of stay to the impugned Judgment and Award.
sa_mandawgad 1 of
79ia934-25 2.
As far as the recovery of amount is concerned, the suit is itself filed for recovery of the amounts which have been paid by the Applicant to the Respondent and therefore, the prayer (a) does not survive for consideration. As regards the prayer (b) is concerned, as of today, there is no notice which has been issued by the Corporation seeking recovery of any further amount from the Respondent. In event, the Respondent proposes to initiate any further proceedings for recovery of any further amount, let an appropriate notice be served upon the Applicant giving time of 15 days to enable the Applicant to seek necessary interim relief. 3.
Interim Application is disposed of in the above terms. [Sharmila U. Deshmukh, J.] sa_mandawgad 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 21/03/2025 12:15:51