Hotel Sahil Private Limited v. The Mumbai Municipal Corporation Of Greater Bombay

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 252 OF 2025 WITH INTERIM APPLICATION NO. 7635 OF 2025 Hotel Sahil Private Limited .....Appellant Vs.

The Mumbai Municipal Corporation of .....Respondent Greater Bombay Mr. Pradeep Thorat a/w Mr. Zulfiqar Jariwala, Ms. Sakshi Jain i/b Jariwala Associates for the appellant Mr. Hasan M. Ms. Rujuta Patil i/b Negandhi Shah and Himayatullah for respondent no. 4 Mr. Om Suryawanshi i/b Ms. Komal Punjabi for respondentBMC CORAM : GAURI GODSE, J.

DATE :

12th AUGUST 2025 IRESH MASHAL ORDER:

Digitally signed by IRESH MASHAL Date:

2025.08.16 14:50:45 +0530 1.

This appeal is preferred by the plaintiff to challenge the refusal to grant ad-interim relief. The suit is filed to challenge the notice under Section 351 of The Mumbai Municipal Corporation Act, 1888 ('MMC Act') and the speaking order. This Court vide order dated 24th April 2025 has granted protection by directing that no coercive action shall be taken to implement the notice and the speaking order impugned in the suit. 1/3

2.

Learned counsel for the appellant submits that the Notice of Motion is kept for hearing before the City Civil Court tomorrow. Respective counsels for the parties agree that the ad-interim protection granted on 24th April 2025 can continue during the pendency of Notice of Motion. Learned counsel for the respondent submits that the Motion be decided on its own merits, uninfluenced by the protection granted by this Court and the parties be directed to cooperate for early disposal of the Motion.

3.

Since the Notice of Motion is still pending and I do not find it appropriate to record any reasons as the same is likely to cause prejudice to the rival contentions of the parties on merits. 4.

Hence, the Appeal From Order is disposed of by passing the following order:

O R D E R

I.

The impugned order dated 23rd April 2025 in Notice of Motion No. 763 of 2025 is quashed and set aside.

II.

During the pendency of Notice of Motion No. 763 of 2025, no coercive action shall be 2/3

taken against the appellant in respect of the suit structure.

III.

Notice of Motion shall be decided on its own merits in accordance with law, uninfluenced by any of the observations made in this appeal in any of the orders.

IV.

Rival contentions of the parties on merits are kept open.

V.

The parties shall cooperate for early disposal of the Motion and shall not seek unnecessary adjournments.

5.

Appeal From Order is disposed of in aforesaid terms. 6.

In view of disposal of appeal, pending applications, if any, are disposed of as infructuous.

[GAURI GODSE, J.] 3/3