This order sets aside an impugned order of 17th February 2009. The court directs the complaint to be reopened and a fresh order passed after hearing the petitioners. The writ petition is disposed of.
Impugned order set aside; Complaint re-opened for hearing; Writ Petition disposed of.
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I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
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WRIT PETITION NO. 1773 OF 2010.
ACE Distributors. v/s. The Municipal Corporation of Greater Mumbai & Ors.
..Petitioners.
..Respondents.
Mr. R.M. Nakhawa, a/w. Mr. T.C. Deshpande, i/b. V.B. Dhawan, for Petitioners.
Ms. T.H. Puranik, for Respondent-BMC.
Mr. Rajan Dabhade, Ward Inspector, 'D' Ward, present.
CORAM : S.J. KATHAWALLA, J. DATE : 8TH SEPTEMBER 2010.
P.C.
After hearing the learned Advocates appearing for the parties, following order is passed :-
(i) The impugned order dated 17th February 2009 is
set aside.
(ii) The learned Advocate appearing for the Corporation on instructions from Mr Rajan Dhabhale, Ward Inspector, 'D' Ward, who is present in Court states that the Complaint No. DCR/209/2007-08, dated 17th February 2009, shall be re-opened and the order shall be passed after giving a hearing to the Petitioners in accordance with law. The statement is accepted.
(iii) In view thereof, the Writ Petition stands disposed of, with no order as to costs.
1 issue framed by the court
Whether to set aside the impugned order and direct reopening of the complaint with a hearing.
1 provisions across 1 enactments
ACE Distributors
The Municipal Corporation of Greater Mumbai
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
