The High Court of Bombay held that adjudication of factual mis-representation requires evidence, making a civil suit the appropriate remedy. Consequently, the writ petition was disposed of by granting liberty to the petitioner to file a suit.
Liberty granted to the petitioner to file a suit before the Civil Court.
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.
5-w.p-9695-2016
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JUFRISDICTION
WRIT PETITION NO.9695 OF 2016
BVG India Ltd. ] Petitioner
Vs.
The Commissioner, Solapur Municipal ]
Corporation, Solapur and others. ] Respondents
Mr. Ashutosh M. Kulkarni, for Petitioner.
Mr. M.P. Rao, Sr. Advocate i/b Mr. D.G. Dhanure, for Respondent Nos. 1 to 3.
Mr. Mayur Khandeparkar a/w Mr. Vishal Mehta & Vidhi Patel by M/s. MV Law Partners, for Respondent No.5.
Mr. Manish M. Pabale, A.G.P for Respondent No.7.
CORAM : A.S. OKA AND
P.N. DESHMUKH, JJ.
DATE : 14TH FEBRUARY, 2018.
P.C.
After having heard learned Counsel appearing for the parties, we find that for deciding this Petition, we will have to adjudicate on the factual question whether the petitioners made material mis-representation of the facts. For deciding the said issue, the parties may have to adduce evidence. Therefore, the remedy of filing of the suit before the Civil Court will be appropriate remedy. Only on this ground, we dispose of the Petition by granting liberty to the petitioner to adopt remedy of filing a suit before the Civil Court.
1 of 2
5-w.p-9695-2016
[P.N. DESHMUKH, J.]
2 of 2
2 issues framed by the court
Whether the relief is maintainable in view of the requirement to adjudicate factual mis-representation.
Whether the petitioner should be directed to file a civil suit instead of pursuing the writ petition.
BVG India Ltd.
The Commissioner, Solapur Municipal Corporation, Solapur
others
A.S. Oka
P.N. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
