IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.363 OF 2009. FIRST APPEAL NO.363 OF 2009. FIRST APPEAL NO.363 OF 2009. Chirag Mahendra Vora ..Appellant versus Municipal Corporation of Gr. Mumbai ..Respondent Mr.V.P.Sawant for the appellant Mr.V.D.Mahadik for the Mumbai Municipal Corporation CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 9th April, 2009. DATED : 9th April, 2009. DATED : 9th April, 2009. P.C. 1. I have heard learned advocates on both the sides. A statement was made before this Court that pursuant to the Order dated 13.10.2003 the Corporation was to inform the appellant about the amount to be paid by the appellant in accordance with the provisions of Section 217 of the Mumbai Municipal Corporation Act. Learned Advocate for the appellant, upon instructions makes a statement that till today the Corporation has not communicated the figure. This statement is not opposed to by the Counsel for the Corporation, In my view, unless the appellant is informed about the monies to be deposited it would not be possible for -2- any vigilant person, tax payer to deposit the amount. 2. Considering the entire matter, I am inclined to observe that interest of justice would be met if the appellant is given reasonable time of three weeks to deposit the monies as per the intimation received by him and than press the appeal which is filed before the Small Causes Court, being Misc. Appeal (St.) No.1798 of 2003. 3. According to the appellant, appellant has deposited a sum of Rs.4,60,000/- concerning the two properties. Whether the said amount should be treated as having deposited towards the assessment or not and all those questions arising out of the liability of the appellant are kept open. In my view the aforesaid Order would meet ends of justice. Hence I pass the following Order. ORDER i. The Mumbai Municipal Corporation is hereby directed to communicate to the appellant as well as to the advocate for the appellant, within three weeks from today the amount which the appellant has -3- to deposit in accordance with the provisions of Section 217 of Mumbai Municipal Corporation Act concerning the assesment of the property involved in Misc. Appeal No.1798 of 2003. ii. Within three weeks from the receipt of the said letter, the appellant shall deposit the said amount in the Office of the Mumbai Municipal Corportion and lodge receipt with the learned Chief Judge of the Court of Small Causes, so that the learned Judge of the Court of Small Causes shall be able to hear the appeal No.1798 of 2003. Question as to what shall happen to the amount which is deposited by the appellant as claimed by him to the extent of Rs.4,60,000/- with the Corporation as to how the said amount has to be appropriated and as to whether the credit should be given to the appellant in regard to the impugned Order is kept open and the appellant will be able to advance the submissions before the learned Judge and the same can be contorverted by the learned Advocate for the Corporation. iii. In view of the above, the Order incorporated in the appeal stands set aside. -4- iv. The appellant shall file with the learned Chief Judge of the Court of Small Causes, this Order duly authenticated by the P.A. of the Court. v. The learned Chief Judge, Small Causes Court to attend to the Misc. Appeal (St) No.1798/2003. There shall be no order as to costs. No views are expressed on the merits of the matter. This appeal is disposed of in terms of above order. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)