THE HIGH COURT OF JUDICATURE AT BOMBAY THE…
Order in terms of prayer clause (a) with condition to deposit lease amount; leave granted to move Court after Corporation decides on representation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION.
CIVIL APPLICATION NO.2815 OF 2007
IN
FIRST APPEAL NO.1053 OF 2001
M/s.Vaidya and company & ors. : Applicants.
versus
The Municipal Corporation of
the City of Thane & ors.
: Respondents.
Mr.C.P.Deogirikar for the applicants.
Mr.R.S.Apte for Respondent Nos.1 and 3.
CORAM : J.N.PATEL &
A.A.SAYED, JJ.
DATED : OCTOBER 15, 2007.
P.C.
1.Heard. There shall be interim order in
terms of prayer clause (a) on the condition that
the appellants shall continue to deposit lease
amount which they were required to pay during
subsisting of the lease under which they were
allowed to occupy the piece of plot.
2
2.The learned counsel appearing for the
appellants submits that the appellants are
prepared to make a representation to the
Respondents/Municipal Corporation of Thane for
considering their case in so far as it relates to
lease is concerned and the premium required to be
paid.
3.Mr.Apte, the learned counsel appearing
for the Respondent Nos.1 and 3 submits that if
such a representation is made, the Municipal
Corporation of Thane would consider the same and
this would resolve the controversy. Therefore,
We grant leave to the parties to move this Court
after the Municipal Corporation takes decision on
the representation made by the appellants.
4.The learned counsel appearing for the
appellants submits that the appellants shall make
the representation within four weeks from today.
If such a representation is made, the
respondent/municipal corporation of Thane would
take decision within eight weeks of the receipt
of representation. Civil Application is disposed
of.
3
[A.A.SAYED,J][J.N.PATEL,J]
M/s.Vaidya and company & ors.
The Municipal Corporation of the City of Thane & ors.
J.N.PATEL
A.A.SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court