The Commissioner, Ahmednagar Municipal Corp. Vs Kinetic Engineering Ltd.

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1 W.P. 5918.2011

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 5918 OF 2011

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Office Notes,Office Court's or Judge's orders Memoranda of Coram,appearances, ................................ Court's orders or CORAM : S.V.GANGAPURWALA, J. directions and Registrar's orders DATE : 10/01/2012. Mr. K.N.Lokhande, Advocate for the Petitioner. Mr. R.R.Mantri, Advocate for the respondent.

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PER COURT :

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Heard the learned counsel for the respective parties.

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The petitioner impugns the order passed by the District Judge – 1, Ahmednagar dismissing the Appeal on the ground that it is not maintainable.

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The District Court has considered the Judgment of this Court in a case of Phiroz Framroze Taraporewalla and another V/s Municipal Corporation, Poona reported in AIR 1952 Bombay – 283 while dismissing the Appeal filed by the petitioner against the order passed by the Civil Judge (S.D.) and J.M.F.C., Ahmednagar.

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2 W.P. 5918.2011

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The view taken by the District Court that the Appeal is not maintainable relying on the Judgment of this Court in the case of Phiroz Framroze Taraporewalla [ supra ], does not suffer from any error of jurisdiction.

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In light of the above, the Writ Petition is dismissed. No costs.

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Mr. Lokhande, the learned counsel for the petitioner submits that the petitioner be given liberty to file appropriate proceedings against the order passed by the Civil Judge (S.D.) and J.M.F.C., Ahmednagar.

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No question of granting any liberty arises if in law the petitioner is entitled to initiate the proceedings under the statute against the Judgment and order passed by the Civil Judge (S.D.) and J.M.F.C., Ahmednagar. The petitioner can resort to the said provisions as would be permissible in law.

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[ S.V. GANGAPURWALA,J. ]

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KNP/W.P. 5918.2011

The Commissioner, Ahmednagar Municipal Corp. v. Kinetic Engineering Ltd.

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The Commissioner, Ahmednagar Municipal Corp. v. Kinetic Engineering Ltd.

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