=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.2594 OF 2008 NO.2594 OF 2008 NO.2594 OF 2008 Novel Properties Pvt.Ltd. and anr. ...Petitioners v/s Municipal Corporation of Brihan Mumbai and others ...Respondents Mr F. Devitre, Sr. Counsel with Mr Milind Sathe, Sr. Counsel, Mr Phiroz Palkhiwala, Ms Hemlata Jain, Mr Ranjit Shetty and Mr Lukkyraj Indorkar i/b M/s Hariani and Co. for Petitioners. Mr A.Y. Sakhare, Sr. Counsel with Ms A.A. Modle for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 15TH APRIL 2009 15TH APRIL 2009 15TH APRIL 2009 =2= P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. The petitioners, by this petition, in effect challenge refusal of the Corporation to take mutation entry in the name of petitioners in relation to the property involved in this petition though according to the petitioners, the lease of the property has been assigned in favour of the petitioners. By interim order made by this Court, the Corporation was directed to effect mutation entry in its record. In the petition, there is also challenge raised that the Corporation cannot ask for any premium for making mutation entry in relation to the assignment of the lease in favour of the petitioners because according to the petitioner, there is no term in the lease deed that for assignment of lease, any permission, prior or subsequent of the Corporation, is required to be taken by the petitioners. However, from the record it appears that no demand has been yet served by the Corporation on the petitioners demanding premium in relation to the assignment of the lease and therefore, in our opinion, it will not be proper to decide whether the Corporation is justified in =3= demanding the premium or not. In our opinion, following order would meet the ends of justice. 3. The petition is allowed in terms of the interim order passed by this Court to the extent that it directs the Corporation to take mutation entry in accordance with the documents submitted by the petitioners. The Corporation shall comply with this order within a reasonable time. 4. The Corporation shall be at liberty to serve on the petitioners demand for premium if in the opinion of the Corporation it is entitled to demand premium from the petitioners. The petitioners shall be at liberty to challenge the demand of premium if served on the petitioners by the Corporation in accordance with law and in case such a challenge is raised the Corporation is free to oppose it. In other words, rights and contentions of both the parties in relation to the liability of the petitioners to pay premium are left open. Rule is made absolute accordingly with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. =4= . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)