MR. HARAKCHAND B. SAVLA v. MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR
AO/222/2020 · 2026-03-04
Shri Arif S Doctor
body2020
DailyLaw.ai
[ 2020 DAILYLAW 1526 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 1526 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1/2 39-AO-222-2020 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 222 OF 2020 Mr. Harakchand B. Savla ...Appellant Versus Municipal Corporation Of Greater Mumbai And Anr ...Respondents WITH INTERIM APPLICATION NO. 6776 OF 2025 WITH INTERIM APPLICATION NO. 3423 OF 2020 WITH INTERIM APPLICATION NO. 19028 OF 2022 IN APPEAL FROM ORDER NO. 222 OF 2020 _______ Ms. Priti Shah for Appellant. Ms. Neeta Jadhav i/b Komal Punjabi for Respondent-Corporation. _______
CORAM :
ARIF S. DOCTOR, J. DATE : 4 th MARCH, 2026 P.C.
1. The present Appeal from Order impugns the rejection of the Appellant’s Notice of Motion seeking a stay of the operation of the impugned Notice dated 24 th July, 2013 and impugned order dated 26 th August, 2013 respectively.
2.
Learned counsel for the Appellant has pointed out that the Suit is now at the stage of trial. The Plaintiff’s evidence has in fact been completed and it is the Defendant’s evidence that remains. Areeb
2/2 39-AO-222-2020 (C).DOC
3. Given this she points out that there has been a stay operating in the present Appeal from Order since 7 th March, 2020. She thus submits that the Appeal from Order can be conveniently disposed of if the stay continues pending the hearing of the Suit.
4.
Learned counsel for the Plaintiff -Corporation submits that this can be done only if the Appellant does not delay the hearing of the Suit therefore on the assurance of both learned counsel that their respective clients shall not in any manner delay the hearing of the Suit or take any unnecessary adjournments, the Appeal from Order is accordingly disposed off for the following directions: (i) The Suit to proceed expeditiously without the Trial Court granting any unnecessary adjournments. (ii) Given that the Plaintiff’s evidence is complete, the Defendants shall ensure that the Defendant’s witness is available on all days required. (iii) The impugned order and Notice shall not be acted upon until such time when the Suit is disposed of.
5. Interim Applications if any shall also stand disposed of.
[ARIF S. DOCTOR, J.] Areeb