: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2592 OF 2009 WRIT PETITION NO. 2592 OF 2009 WRIT PETITION NO. 2592 OF 2009 Wadala Bilco Co-operative Housing Society Ltd. ... Petitioner v/s The Municipal Corporation of Gr. Mumbai & ors. ... Respondent Mr.G.V.Murti i/by M/s.Murti & Associates for the petitioner. Mr.M.M.Malvankar i/by R.A.Malandkar for the Corporation. CORAM : SMT.NISHITA MHATRE J. CORAM : SMT.NISHITA MHATRE J. CORAM : SMT.NISHITA MHATRE J. DATE : 20TH APRIL, 2009. DATE : 20TH APRIL, 2009. DATE : 20TH APRIL, 2009. P.C. P.C. P.C. 1. The petitioner has approached this Court challenging the order passed by the Additional Chief Judge of the Small Causes Court, Mumbai, in Municipal Appeal No.188 of 1999. By this order, the application filed by the petitioner for instalments to deposit Rs.56,39,988/- being the property tax in respect of its housing society has been allowed partly. The learned Judge has granted the petitioner one month’s time to deposit : 2 : Rs.56,39,988/-. Although this order was passed on 22.1.2009, the petitioner has not deposited this amount with the Municipal Corporation. Now it is submitted that the petitioner be granted instalments so that the aforesaid amount will be deposited entirely as required. 2. This application and contention of Mr.Murti is vehemently opposed by the learned counsel appearing for the Municipal Corporation. He submits that, if such instalments are granted, it would act as a precedent and others would seek such liberties from the Court. 3. The petitioner housing society is one for cobblers and according to Mr.Murti, it is very difficult for them to raise the entire amount immediately. He, however, submits that the Society will deposit Rs.12 lacs immediately and instalments may be granted to the Society to deposit the balance amount. 4. Considering the facts and circumstances in the present case and without treating this as a precedent, the impugned order is set aside on the following conditions:- (i) The petitioner Society is granted liberty to deposit Rs.12 lacs within two days from today. : 3 : (ii) The Society will deposit a further amount of Rs.15 lacs by 4th May, 2009. (iii) The Society will deposit Rs.10 lacs in each successive month thereafter. The last instalment will include the balance amount remaining at that point of time. (iv) Any default in paying the instalments on the stipulated dates will mean that the appeal pending before the Small Causes Court will stand dismissed. 5. Writ petition stands disposed of accordingly.