ash 1 13caf-864.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.864 OF 2005 IN FIRST APPEAL NO.1353 OF 2005 Dani Wootex Corporation. .. Applicant Vs The Municipal Corporation of Greater Bombay. .. Respondent -- Shri R.M.Nakhawa i/by Shri V.B. Dhawan for the Applicant. Shri N.V. Walawalkar, Sr. Counsel for Respondent. -- CORAM ; A.S. OKA, J DATED : 14TH MARCH, 2011 P.C. . Learned counsel appearing for the Applicant relies upon the interim order passed by the Apex Court on 11th September, 2006. 2. By the impugned order in Appeal, the Court of Small Causes has dismissed the Appeal preferred by the Applicant under Section 217 of the Bombay Municipal Corporation Act, 1888 challenging fixation of rateable value. 3. The first prayer made in this Application is for grant of stay of the impugned order. The said prayer cannot be granted as the Appeal preferred by the Applicant has been dismissed on merits by the ash 2 13caf-864.05 impugned order. The second prayer is that pending the hearing and final disposal of the Appeal, the Applicant be permitted to pay rateable value which was prevailing prior to the date on which the rateable value was fixed which is the subject matter of challenge in the Appeal before the Court of Small Causes. The challenge by the Applicant to fixation of rateable value has failed. Therefore, grant of the second prayer will amount to granting final relief in Appeal. The order of the Apex Court will not help the Applicant as the said order is passed in the facts of the case before the Apex Court. 4. The Applicant will have to pay the property tax as per the rateable value fixed by the Respondent-Corporation under the order impugned in the Appeal filed before the Court of Small Causes. It is obvious that the payment of amount by the applicant will be subject to final outcome of the First Appeal. It is obvious that if the Applicant succeeds in the Appeal preferred by him, the Applicant will be entitled to appropriate refund and/or adjustment. 5. Subject to what is observed above, no case is made out for grant of interim relief. Application is rejected. ( A.S. OKA, J )