:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1688 OF 2008 WRIT PETITION NO. 1688 OF 2008 WRIT PETITION NO. 1688 OF 2008 Shankar Ramchandra Pawar & Ors. ..Petitioners versus Municipal Corporation of Greater Mumbai & Ors. ..Respondents Mr. R. S. Maurya for the Petitioners. Mr. N. A. Shaikh for the Respondents - MCGM. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 20TH AUGUST, 2008. DATE : 20TH AUGUST, 2008. DATE : 20TH AUGUST, 2008. P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. The only contention on behalf of the petitioners is that they have paid their dues to the society and merely because the society has withheld the dues, the Municipal Corporation is not entitled to attach the building and cause it to be auctioned. The Municipal Corporation is not in a position to effectively deny the contention of the petitioners that they have paid their dues. :2: 3. Having regard to the decision of this court in Dalpat T. Anjaria & Ors. vs. Municipal Dalpat T. Anjaria & Ors. vs. Municipal Dalpat T. Anjaria & Ors. vs. Municipal Corporation Gr. Mumbai & Ors. [2005(2)Mh.L.J. Corporation Gr. Mumbai & Ors. [2005(2)Mh.L.J. Corporation Gr. Mumbai & Ors. [2005(2)Mh.L.J. 727] 727] 727] interpreting the provisions of Mumbai Municipal Corporation Act, 1888, in regard to liability of individual flat owners, the Municipal Corporation is hereby restrained from auctioning the property of individual flat owners in the society building nor assess once the individual flat owners have discharged their liability. The Municipal Corporation is at liberty to issue individual notice to the flat owners as well as the society and thereafter to proceed in accordance with law. In the result the Warrants of Attachment dated 26.6.2007 and 4.8.2007 and the auction notice dated 22.2.2008 are hereby set aside in respect of the petitioners flats only. Municipal Corporation is at liberty to proceed in accordance with law. 4. Rule made absolute in above terms. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)