Two appeals regarding rejected temporary injunction applications in suits for declaration and injunction against the Pune Municipal Corporation were disposed of. The court noted that the appellants deposited tax and premises were desealed, stating nothing survived no merits examined.
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.
Chitra Sonawane 1 45-AO-85-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
(45) Appeal from Order No.85 of 2024
a/w
Interim Application No.1774 of 2024
in
Appeal from Order No.85 of 2024
Jayant B. Shah & Anr. … Appellants.
Vs.
Pune Municipal Corporation & Ors. … Respondents.
a/w
(46) Appeal from Order No.86 of 2024
a/w
Interim Application No.1775 of 2024
in
Appeal from Order No.86 of 2024
.... Pankaj Kumudchandra Shah Appellant.
Vs.
... Pune Municipal Corporation & Ors. Respondents.
Mr Vishwajit P Sawant, Sr. Advocate with Mr Nikhil Patil with Prabhakar Jadhav for appellants.
Mr Abhijeet Kulkarni with Gaurav Shahane with Krushna Jaybhay and Sweta Shah for respondent/PMC.
Chitra Sonawane 2 45-AO-85-2024.doc
Coram: R. N. Laddha, J.
Date : 20 February 2024.
P.C. :-
Heard the learned Counsel for the parties. The plaintiffs have filed the suits for declaration and injunction whereby they also moved applications for mandatory injunction. While the learned trial court by an impugned orders, both dated 28.11.2023, rejected the application of temporary injunction. The learned Counsel for the appellants inform the Court that the appellants have deposited the tax amount under protest and one of the suit premises is de-sealed by the corporation. The learned Counsel appearing on behalf of the respondent corporation, on instructions, makes a statement that if the tax amount is deposited as informed by the learned Counsel for the appellant the respondent corporation will deseal other remaining suit premises without any further delay. In view of this, both the appeals are disposed of. In view of this, nothing survives in both the appeals and are disposed of accordingly.
Chitra Sonawane 3 45-AO-85-2024.doc
Jayant B. Shah & Anr.
Pankaj Kumudchandra Shah
Pune Municipal Corporation & Ors.
R. N. Laddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
