Mittal Tower Premises Co-Operative Society Ltd., Mumbai v. Municipal Corporation Of Greater Mumbai And ANR. And ANR.

5.IA.38558.2025.doc Digitally signed by ANANT KRISHNA NAIK Date:

2025.12.22 17:15:00 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ANANT KRISHNA NAIK CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 38558 OF 2025.

IN FIRST APPEAL NO. 1165 OF 2024 Mittal Tower Premises Co-operative Society Ltd. ..Applicant/Appellant.

Versus

Municipal Corporation Of Greater Mumbai & Anr. ...Respondents *** Mr. Nikhil Wadikar (through VC) i/b. Adv. Nandu Pawar for the Applicant/Appellant.

Mr. Pradeep M. Patil for the Respondent-MCGM ***

CORAM

: M. M. SATHAYE, J.

DATED : 22nd DECEMBER 2025 P.C.:

1.

Heard learned Counsel for the parties.

2.

This is an Application by the Applicant/Appellant seeking direction to the 'Out of the Court Settlement Board' of the Respondent - Corporation to proceed with the settlement proposal/proceedings during the pendency of the Appeal.

3.

The Applicant had filed Municipal Appeal No. 10/2019 challenging the assessment and property tax levied. By the impugned judgment and decree, the Appeal is dismissed and the first Appeal is not yet admitted. 4.

Considering that the settlement proposal is given by the ApplicantSociety, the request can be permitted. 5.

The Application is accordingly disposed of by granting permission to akn

5.IA.38558.2025.doc the 'Out of the Court settlement Board' of the Respondent-Corporation to proceed, consider and dispose of the settlement proceedings in connection with the Applicant Society's proposal.

6.

Parties are at liberty to move pending appeal depending on outcome of settlement proceedings.

7.

this order.

(M. M. SATHAYE, J.) akn