Vasant Narayan Prabhu v. Municipal Corporation Of Greater Mumbai

8-WP-2421-2025-(OS).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SUNNY ANKUSHRAO THOTE Date:

2025.11.21 10:43:23 +0530 SUNNY ANKUSHRAO THOTE ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2421 OF 2025 Vasant Narayan Prabhu

...Petitioner

Versus

Municipal Corporation of Greater Mumbai & Ors. ...Respondents Mr. Rajiv Narula a/w Ms. Nidhi Loya i/by Jhangiani Narual & Associates, Advocate for the Petitioner.

Ms. Rutuja Bodake i/by Ms. Komal Punjabi, Advocate for the Respondent/BMC.

Mr. B.S. Nayak, Advocate for Respondent Nos.4 to 10. Mr. Bilal Patel, J.E., P/N Ward, present.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 19th NOVEMBER, 2025 P.C. :- 1.

This matter was heard for some time. The learned Advocates appearing for the Petitioner, Respondent Nos.4 to 10 and the learned Advocate for the Municipal Corporation, have indicated to us the pending proceedings.

2.

After this matter was heard for some time, we called upon the Corporation to state, as to whether the amount can be SUNNY THOTE

8-WP-2421-2025-(OS).odt deposited in this Court in First Appeal No.71 of 2004 and the Registry to invest the amount in fixed deposit receipt in a Nationalised Bank, until the First Appeal proceedings are decided. We are informed that Respondent Nos.11 and 12, are not party to the First Appeal No.71 of 2004. The Corporation is aggreable. 3.

In view of the above, let the undisputed amount of Rs.61,42,510/- be deposited in this Court, within a period of 21 days from today, as per the request of the Corporation. The Registry would invest the amount in fixed deposit receipt with a Nationalised Bank. The parties would bring this fact to the notice of the learned Single Judge in First Appeal No.71 of 2004. Needless to state, the disbursement of the amount and imposition of the interest component, would be subject to the decision in First Appeal No.71 of 2004.

4.

In view of the above, this Writ Petition is disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE