Allowed

Louisa Wd/O. Frank D'Souza v. Suleman S. Bhimani and Ors.

Bombay HC5 Sept 2013NMS/903/2012

Case brief

AI extract

What is this about?

This single judge court granted a Notice of Motion directing the Prothonotary and Senior Master to remit Rs. 1,00,000/- deposited by the plaintiff and defendants to the Mumbai Municipal Corporation to satisfy a warrant of attachment for unpaid taxes.

What did the court decide?

Directed Prothonotary and Senior Master to pay Rs. 1,00,000/- to Municipal Corporation from deposited funds to meet tax arrears.

Louisa Wd/O. Frank D'Souza Vs Suleman S… — Civil Procedure and Limitation | Bombay HC (2013)

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44-NMS903.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 903 OF 2012 IN SUIT NO. 4647 OF 1998

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Louisa w/o Frank D'Souza

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..... Plaintiff

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VERSUS

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Suleman S.Bhimani & Ors.

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..... Defendants

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Ms.Aparna Murlidharan, i/b. P.G.Lad for the Applicant/Plaintiff.

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None for Defendants.

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CORAM : R.D. DHANUKA, J. DATED : 5^th SEPTEMBER, 2013

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P.C.

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Learned counsel appearing for the plaintiff submits that defendants are served. Affidavit of service has been filed. By this Notice of Motion, plaintiff seeks order and direction against Prothonotary and Senior Master to forward amount of Rs.1,00,000/- deposited by plaintiff as well as defendant nos. 4, 9 to 13 to the Mumbai Municipal Corporation towards the payment of the arrears of the Municipal Taxes of the suit premises described in prayer (a) of the Notice of Motion.

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Learned counsel for the plaintiff invited my attention to the order passed by this court on 30^th March, 2001 in Notice of Motion No. 3713 of 1998 directing the plaintiff to deposit sum of Rs.1,00,000/- in this court and also directing defendants to pay their respective shares as taxes to the Municipal Corporation. My attention is also invited to the consent terms filed in this court on 29^th November, 2004

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44-NMS903.12

which records that the defendant nos. 4 to 8 undertakes to pay the proportionate municipal taxes and other outgoings within a month from the date on which it is called upon by the plaintiff. Learned counsel submits that Municipal Corporation has now issued warrant of attachment which is annexed at Ex.D to the affidavit of Notice of Motion on 29^th September, 2011 attaching the property in question for non-payment of the municipal taxes.

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Learned counsel therefore submits that the amount which has been deposited by the plaintiff in this court pursuant to the interim order passed by this court shall be directed to paid through the Prothonotary and Senior Master directly.

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4. None appeared for the defendants though served.

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In view of the non payment of the municipal taxes, suit property is attached by the Municipal Corporation. Notice of Motion is made absolute in terms of prayer (a). Prothonorary and Senior Master is directed to pay the amount of Rs. 1,00,000/- to the Municipal Corporation pursuant to the warrant of attachment by Municipal Corporation on 29^th September, 2011. Prothonotary and Senior Master is also directed to pay the municipal corporation towards arrears of municipal taxes out of the amount deposited by defendant nos. 4, 9 to 13 as prayed in prayer (a) of the Notice of Motion. Notice of Motion is disposed of in the aforesaid terms. No order as to costs.

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[R.D. DHANUKA, J.]

Louisa Wd/O. Frank D'Souza v. Suleman S. Bhimani and Ors.

Case brief

What is this about?

What did the court decide?

Louisa Wd/O. Frank D'Souza v. Suleman S. Bhimani and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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