Partly allowed

Shanka Ramchandra and 8 Ors. v. Municipal Corpn. of Gr. Mumbai and 4 Ors.

Bombay HC20 Aug 2008WP/1688/2008

Case brief

AI extract

What is this about?

The High Court restrained the Municipal Corporation from auctioning individual flat owners in a society building where dues have been paid to the society, setting aside specific attachment and auction notices against the petitioners by quoting the authority of Dalpat T. Anjaria.

What did the court decide?

Warrants of Attachment dated 26.6.2007 and 4.8.2007 and auction notice dated 22.2.2008 set aside in respect of petitioners flats.

Shanka Ramchandra and 8 Ors. Vs Municipal Corpn. of Gr… — Property and Title | Bombay HC (2008)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO. 1688 OF 2008

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 Shankar Ramchandra Pawar & Ors. ..Petitioners

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 versus

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 Municipal Corporation of
 Greater Mumbai & Ors. ..Respondents

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 Mr. R. S. Maurya for the Petitioners.
 Mr. N. A. Shaikh for the Respondents - MCGM.

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CORAM : S. A. BOBDE, J.

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 DATE : 20TH AUGUST, 2008.

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P.C.

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 . Rule, returnable forthwith. Heard by

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 consent.

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 2. The only contention on behalf of the
 petitioners is that they have paid their dues to the
 society and merely because the society has withheld
 the dues, the Municipal Corporation is not entitled
 to attach the building and cause it to be auctioned.
 The Municipal Corporation is not in a position to
 effectively deny the contention of the petitioners
 that they have paid their dues.

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:2:

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 3. Having regard to the decision of this court

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 in Dalpat T. Anjaria & Ors. vs. Municipal
Corporation Gr. Mumbai & Ors. [2005(2)Mh.L.J.

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727] interpreting the provisions of Mumbai Municipal
 Corporation Act, 1888, in regard to liability of
 individual flat owners, the Municipal Corporation is
 hereby restrained from auctioning the property of
 individual flat owners in the society building nor
 assess once the individual flat owners have
 discharged their liability. The Municipal
 Corporation is at liberty to issue individual notice
 to the flat owners as well as the society and
 thereafter to proceed in accordance with law. In
 the result the Warrants of Attachment dated

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 26.6.2007 and 4.8.2007 and the auction notice dated
 22.2.2008 are hereby set aside in respect of the
 petitioners flats only. Municipal Corporation is at
 liberty to proceed in accordance with law.

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 4. Rule made absolute in above terms.

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(S. A. BOBDE, J.)

Shanka Ramchandra and 8 Ors. v. Municipal Corpn. of Gr. Mumbai and 4 Ors.

Case brief

What is this about?

What did the court decide?

Shanka Ramchandra and 8 Ors. v. Municipal Corpn. of Gr. Mumbai and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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