IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2510 OF 2008 National Cotton Products .. Petitioner Vs. Municipal Corporation of Greater Bombay and others. .. Respondents Mr. P.M. Pradhan with Ms. Swapnila Rane for the petitioner. Ms. G.S. Jogale for the BMC. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 5TH JANUARY, 2009 P.C. By consent of the learned counsel appearing for the parties, the matter is heard finally at the admission stage itself. 2. In the writ petition, the petitioner challenges the vires of Section 217(5) of the Mumbai Municipal Corporation Act, 1888. Secondly, it is prayed that the pending Municipal Appeal (stamp) No.397 of 2006 and subsequent revision be heard by the Additional Chief Judge, Small Causes Court without deposit of the amount. As far as first contention is concerned, the petition has no merit in view of the Division Bench judgment of this court in Writ Petition No.183 of 2007 (Peninsula Land Ltd. v. Brihan Mumbai Mahanagarpalika and others.) decided on 24th October, 2008. Argument is rejected. As far as latter prayer is concerned, the learned counsel appearing for the Corporation also states that she has no objection if the Additional Chief Judge, hearing the appeal in question hears the parties with regard to what amount is to be deposited by the appellant before hearing the appeal on merits. 3. We find, the stand taken to be quite, just and fair. Accordingly, we dispose of this writ petition only with the direction that Additional Chief Judge, Small Causes court would hear the parties as to the quantum of amount to be deposited as the condition precedent to hear the appeal in terms of section 217(5) of the Act. Writ petition is, accordingly, disposed of with no order as to costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.