1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.4053 Of 2010 In First Appeal No.743 Of 2010 Mahavir S/o. Kachrulal Samdariya And Others. ... Applicants. Versus Beed Municipal Council, Beed And Others. ... Respondents. -------- Shri. V.J. Dixit, Senior Advocate with Shri. S.B. Yawalkar, Advocate for the applicants. Shri. A.S. Deshpande, Advocate for for respondent Nos.1 and 2. -------- CORAM: NARESH H PATIL & N.D. DESHPANDE, JJ. DATE: 13th APRIL 2010 PER COURT : 1) Heard learned Senior Advocate Shri. V.J. Dixit appearing for the applicants. 2 2) The learned Senior Counsel submits that the clauses of the agreement are contrary to each other and they are mutually in conflict. A blank agreement was got signed from the applicants. The applicants were misled and forced to pay occupancy charges and property taxes. 3) The learned counsel appearing for the Municipal Council by placing reliance on the clauses of the agreement and relevant provisions of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Townships Act submits that, these issues were addressed in the trial Court and have been negatived. The agreement is clear and the allegation that blank stamp paper was got signed is not acceptable and believable. 3 4) The suit filed by the applicants was dismissed. Prima facie reading of the agreement shows that, under the agreement the applicants were to pay occupancy charges, property taxes and non refundable deposit of Rs.1,50,000/-. 5) Whether these clauses are contrary to law, whether they were misled and whether a fraud was played upon the parties will be decided at the time of final hearing of the first appeal. The amount which the applicants would be depositing with the Municipal Council would be subject to the outcome of the appeal. 6) The Municipal Council is entitled to receive arrears of occupancy charges and property taxes. The only interim relief in the facts of the case we may grant to the applicants is that the Municipal Council shall not charge interest on the said amount. The 4 applicants are entitled to deposit these arrears within three weeks. 7) The applicants shall deposit with the Municipal Council Beed total amount of Rs. 4,45,455/- (Rs.2,74,320/- towards occupancy charges and Rs.1,71,135 towards property tax) within three weeks from today. The Municipal Council shall not dispossess the applicants in case of applicants' compliance with the order passed as above. 8) The civil application is disposed of. (N.D. DESHPANDE, J.) (NARESH H PATIL, J.) rsl/ ca.4053.10