1 (CRA516.11) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATIN NO.516 OF 2011 M/s. Omex Builders and Contractors .... Petitioners. V/s Brihanmumbai Municipal Corporation & Ors. ..... Respondents. Mr. Y.S. Bhate for the Petitioners. Mrs. S.S. Saran for the Respondent – BMC. CORAM: V. M. KANADE, J. DATE : 6th July, 2011 P.C.:- 1. Petitioners are aggrieved by the order passed by the Trial Court in Municipal Appeal No.265 of 1999. By the said order, Trial Court has rejected the application filed by the Petitioners herein, seeking permission to cross-examine the Investigating Officer of the BMC. 2. It is contended that BMC has closed its evidence without examining any witness and, therefore, it was necessary to issue summons to the Investigating Officer of the BMC since the Petitioners were seeking clarification of the report on which rateable value was fixed. It is submitted 2 (CRA516.11) that the Trial Court ought to have given an opportunity to the Petitioners to cross-examine the Investigating Officer since he was not examined by the BMC. 3. In my view, Trial Court ought to have granted an opportunity to the Petitioners herein to cross-examine the Investigating Officer. Though the said proceedings are referred to as “appeal”, in fact, the said appeal is to be decided as a suit and, therefore, Petitioners have right to examine witnesses or cross-examine the Investigating Officer. 4. The impugned order is, therefore, set aside. Trial Court shall issue witness summons to the Investigating Officer of the BMC and shall permit the Petitioners to cross-examine the said witness. With these directions, Civil Revision Application is disposed of. (V.M. KANADE, J.) 3 (CRA516.11)