The Municipal Corp. of Gr. Mumbai and 3 Ors. v. Zenith Tins Pvt. Ltd. and Anr.
Case brief
What is this about?
The court dismissed a review petition filed by MCGM for being a gross abuse of process, noting the lack of due diligence in discovering material documents for CPC Section 114/Order 47 purposes and allowing costs.
What did the court decide?
The review petition is dismissed; an order of costs is awarded against the Petitioners; the pending Interim Application is disposed of.
What the court decided
9-OSRPWL-2-2020 IN WP-729-2015+.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L) NO. 2 OF 2020
IN
WRIT PETITION NO. 729 OF 2015
WITH
INTERIM APPLICATION NO. 52 OF 2020
IN
REVIEW PETITION (L) NO. 2 OF 2020
The Municipal Corporation of Greater Mumbai …Petitioners & Ors
Versus
Zenith Tins Private Limited & Anr …Respondents
Issues for consideration
1 issue framed by the court
Whether the appearance of new documents after a settled affidavit negates due diligence for review jurisdiction.
Parties & counsel
- appellant
Municipal Corporation of Greater Mumbai
- respondent
Zenith Tins Private Limited
Coram
G.S. Patel
Case details
As recorded by the court registry
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