1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.163 OF 2007 IN SUIT NO.1957 OF 1993 Pushpakunj Co-operative Housing Society Ltd. & Ors. ...Plaintiffs Vs. Ms. Navketan Builders & Ors. ...Defendants And Municipal Corporation of Greater Mumbai ...Applicants Mr.F.Divitre with Mr. B.B.Colabawalla i/b Hariani & Co. for Plaintiffs Mr. N.V. Walawalkar with Mr. H.C. Pimple and Mr. R.Y. Sirsekar for BMC/Applicants Ms. Yasmi Tavaria for Respondent No.6 CORAM: SMT. ROSHAN DALVI, J. DATED: 2ND MARCH, 2007 P.C. 1. The BMC has taken out this Chamber Summons for leave to issue notice under Section 351 of the Bombay Municipal Corporation Act upon the Court Receiver in respect of the alleged unauthorised construction of 10th and 11th floors of the suit building for which the Court Receiver is appointed. 2 2. Taking out the notice is following the due legal process under the BMC Act. No party can restrain the Municipal Authority from following legal procedure. Notice under Section 351 shall be issued by the BMC and served upon the Court Receiver. The Plaintiffs, who got the Court Receiver appointed, shall be entitled to reply the notice. The owner of the construction on the suit plot of land who would be effected by the issue of the notice shall also be given a copy of the notice and shall be entitled to file a reply to the notice. The BMC shall consider both the replies and pass a reasoned order as per procedure. 3. The Chamber Summons disposed of accordingly. 4. It is clarified that the owners of the construction alleged to be authorised are heard and their rights are protected as per the above order. (SMT.ROSHAN DALVI, J.)