KPP -1- LPA 139/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 139 OF 2011 IN WRIT PETITION ST. NO. 14062 OF 2011 WITH CIVIL APPLICATION NO. 166 OF 2011 Thane Municipal Corporation .. Appellant vs. M/s. Rohit Infra Projects Pvt. Ltd. & another ..Respondents Mr. R.S. Apte, Senior Advocate, instructed by Mr. N.R. Bubna, for the appellant. Mr. K.P. Anilkumar for the respondents. CORAM: P.B. MAJMUDAR & A.A. SAYED , JJ. DATE: JUNE 09, 2011. P.C. This appeal is directed against the ad-interim order passed by the learned Vacation Judge dated 23rd May, 2011 in Writ Petition (St.) No. 14062 of 2011. The learned vacation Judge taken the matter on Board on oral mention. By the impugned order, the learned vacation Judge permitted the respondents to deposit an amount of Rs. 6,48,300/- before the Civil Judge, Senior Division Thane and on the basis of the same ad-interim relief in terms of prayer clause (c) was granted. By the said ad-interim order, the seal effected by the Corporation regarding the premises of the respondent is ordered to be lifted. KPP -2- LPA 139/2011 2. Mr. Apte, learned senior counsel appearing for the appellant vehemently submitted that when an appeal is pending before the Appropriate Court, which is an appeal under Section 406 of the Bombay Provincial Municipal Corporation Act, 1959, the substantive writ petition is not maintainable. He further submits that the demand of the Corporation towards octroi demand is Rs. 71,31,300/- as against that the learned single Judge, without hearing the appellant, granted ex parte ad-interim relief asking the respondents to deposit only Rs. 6,48,300/-. Prima facie the submission of the appellant is attractive, as, in our view, no ad-interim relief can be passed without hearing the other side, but since the Court is informed that seal is already removed, the only appropriate order which can be passed is on the next date of hearing, it will be open to both sides to canvass their case in accordance with law before the learned single Judge and in case the learned Judge vacates the ad-interim order, it will be open to the Corporation to apply for re-sealing the premises in accordance with law. Since the matter is pending before the leaned single Judge, it is for the learned single Judge to consider whether ad-interim relief is required to be confirmed or the same is required to be vacated. All these questions are left for the consideration of the learned single Judge and we are not expressing any opinion on this point. However, we are of the opinion that before granting the ad-interim order of such a nature, the other side should be required to be served by notice as without hearing the other side, no ad-interim order can be passed which may have the effect of KPP -3- LPA 139/2011 allowing the proceedings at the ad-interim stage without hearing the other side. In the prayer clause of the writ petition, no relief is sought against the order of the learned Civil Judge, Senior Division and by reading the petition one can get an impression that it is a substantive petition only against the order of applying the seal. 3. Subject to what is stated above, the Appeal and the Civil Application are disposed of. P. B. MAJMUDAR, J. A.A. SAYED, J.