1 21 caf.2234.07 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2234 OF 2007 IN FIRST APPEAL NO. 1877 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. J.J.Xavier for Applicant No.1 – BMC. Mr. Sanjay Udeshi for the Respondent. CORAM : A.S.OKA, J. DATE : 18 th February, 2011. P.C. 1 Heard the learned counsel appearing for Applicant No.1 - BMC. 2 By the judgment and order impugned in the appeal, an appeal preferred by the Appellants under Section 217 of the Mumbai Municipal Corporation Act, 1888 has been allowed. The Applicants have been directed to refund water charges. Permission has been granted to adjust the excess amount towards future assessment bills. Looking to the nature of the impugned order, no case is made out for grant of stay. Application is rejected. 2 21 caf.2234.07 3 However, it is made clear that the refund made by the Applicants and/or adjustment made by the Applicants will be subject to final outcome of the appeal. [ A.S.OKA, J ]