1 (WP3468.11) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3468 OF 2011 Mittal Court Co-operative Society Ltd. .... Petitioners. v/s Municipal Corporation of Greater Bombay & Others .... Respondents. Mr. Kuldeep Nikam i/b M/s Khaitan and Jayakar for the Petitioners. Mr. M.M. Malvankar for Respondent Nos. 1, 2 and 3. Mr. A.I. Patel, AGP for Respondent No.4. Mentioned, not on board: CORAM: V. M. KANADE, J. DATE : 29TH APRIL, 2011 P.C.:- 1. Application is made for seeking stay of the impugned order passed by the lower Appellate Court. 2. Petitioners are a Society registered under the Societies Registration Act. Under section 163 of the Bombay Municipal Corporation Act, the Officer of BMC had calculated assessment of the property tax payable by the Society to the Corporation. Being aggrieved by the said order, an appeal 2 (WP3468.11) was preferred before the lower appellate court under section 217 of the said Act. According to the Petitioners, the said amount which is calculated by the Corporation is not the correct amount and only an amount of Rs 40 lakhs is payable. A direction was given by the lower appellate court to deposit the entire amount in the Small Causes Court as pre-condition before hearing of the appeal in view of the provisions of section 217(2)(d). The lower appellate court has directed that if this amount is not paid within one week, the appeal shall stand dismissed. 3. The learned Counsel for the Petitioners submits that eight weeks’ time may be given to deposit the said amount. It is not possible to grant that much time to the Petitioners – Society since the order of assessment was passed on 15/2/2006. Therefore, the request made by the learned Counsel appearing on behalf of the Petitioners – Society for granting stay to the lower appellate court’s proceedings is declined. However, time to deposit the balance amount is extended by two weeks from today. If the said amount is not deposited within the aforesaid period, appropriate orders may be passed by the lower appellate court. 4. Writ Petition is accordingly disposed of. (V.M. KANADE, J.) 3 (WP3468.11)