1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE APPEAL NO.606 OF 1997 IN WRIT PETITION NO.1879 OF 1996 The Municipal Corporation of Greater Mumbai, having its office at Mahapalika Bldg., Mahapalika Marg, Fort, Mumba-1. 2. Municipal Commissioner, for Municipal Corporation of Gr. Mumbai, having his office at Mahapalika Bldg., Mahapalika Marg, Fort, Mumbai-1. 3. Dy.Municipal Commissioner (Z-II), having his office at G/N ward Mun.Office Bldg. J.K.Sawant Marg,Mumbai-28. 4. Assistant Assessor & Collector G/H Ward, having his office at Mun. Office Bldg., J.K.Sawant Marg, Mumbai-28. Appellants (original respondents 1 to 4.) vs. 1. Lords Group Housing Finance Ltd.,having its office at 78-79, 2nd floor, Mahendra Chambers, Dr.D.N.Road, Fort, Mumbai-400 001. 2. Vinay J. Thaper, carrying on business in the name and style of M/s.Taurus Mutual Benefit Financial, as the Sole Proprietor thereof having his address at 45, Mamta ‘D’, A.M. Marg, Prabhadevi, Mumbai-25 and also carrying on business in the name & style of M/s.Assthetic Builders & Developers as the sole proprietor thereof having address at 98-99, Chadda Crescent, Sector 17, Vashi,New Mumbai. 3. Vinay Thapar (HUF) 2 through its Karta Shri Vinay Kumar Thapar, having its office at 78-79, 2nd floor, Mahendra Chambers, Dr.D.N.Road, Fort, Mumbai 400 001. 4. Rita Vinay Thapar having address at 45, Mamta ‘D’, A.M. Marg, Prabhadevi, Mumbai-25. 5. Pratibha V. Thapar, having address at 45, Mamta ‘D’, A.M. Marg, Prabhadevi, Mumbai-25. 6. M/s.Amar Builders, having its address at D-Block Wankhede Stadium Office premises D Road, Churchgate,Mumbai-20. 7. The Secretary, Laxmi Commercial Co.op.soc.Ltd. (Proposed) having address at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W), Mumbai-400 028. 8. Additional Ch.Judge, Court of Small Causes at Mumbai, having his seat at Small Causes Court, L.T.Rd., Mumbai-400 002. 9. Porus V. Thapar, having address at 45, Mamta ‘D’, A.M. Marg, Prabhadevi, Mumbai-25. 10. S.R. Mehra carrying on business in shop no.1, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 11. R. Mehra carrying on business in shop no.2, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 12.Mahesh J. Vora carrying on business in shop no.3, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 3 13. Bhupendra N. Shah carrying on business in shop no.4, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 14. Keyur N. Shah carrying on business in shop no.5, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 15. Ms.Kamal K. Shah carrying on business in shop no.6, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 16.Pankaj N. Mehta carrying on business in shop no.7, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 17.Khursheed Irani carrying on business in shop no.8, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 18.Playboy Corporation carrying on business in shop no.9, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 19.Madhu Mathuria, carrying on business in shop no.10, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 20.Mr.Amre, carrying on business in shop no.11, Gr.Floor at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 21.Vijay J. Vora carrying on business in Unit no.1, at Laxmi Commercial Centre, Senapati 4 Bapat Marg, Dadar(W),Mumbai. 22. Harish Doshi, carrying on business in Unit no.2, at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W),Mumbai. 23. Ashok Thaper Proprietor of Maharashtra Savings, carrying on business in the entire, 1st floor, at Laxmi Commercial Centre, Senapati Bapat Marg, Dadar(W), Mumbai. 24. Pradeep Khapra, carrying on business in shop no.3, 3rd floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 25. R.G.Agarwal, carrying on business in shop no.4, 3rd floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 26. Mrs.Ashrani Agarwal, carrying on business in shop no.5, 3rd floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 27. Umesh Joshi, carrying on business in shop no.6, 3rd floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 28. Digamber Appa Mithbaukar, carrying on business in shop no.7, 3rd floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 29. R.G. Agarwal, carrying on business in shop no.8, 3rd floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. ’ 30. Ashok K. Doshi, 5 carrying on business in office no.1, 4th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 31. National Decorators, carrying on business in office no.2, 4th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 32. Prashan Chamankar, carrying on business in office no.3, 4th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 33. Kapil Agarwal, carrying on business in office no.4, 4th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 34. Prakash Adelkar carrying on business in office no.5, 4th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 35. Pulikkottil Thomas Louis, carrying on business in office no.6, 4th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 36. Oriyavil Kurian Abraham, carrying on business in office no.7, 4th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 37. Arunkumar Lila & Co. carrying on business on entire sixth floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 38. Dharmesh M. Shah, carrying on business in office no.1, 6th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 6 39. Arvind Parab, carrying on business in office no.3, 6th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 40. S.S.Narkar, carrying on business in office no.4, 6th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 41. Ramchand N. Manghani, carrying on business in office no.5, 6th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 42. Suresh H. Manghani, carrying on business in office no.6, 6th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 43. Ms.Kanta Manghani, carrying on business in office no.7, 6th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 44. Neelam Bansal, carrying on business in office no.8, 6th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. 45. Suhas Gajanan Rege & Ganesh Ramchandra Kulkarni, carrying on business in office no.9, 6th floor, at Laxmi Commercial Centre, Senapati Bapat Marg,Dadar(W),Mumbai. Respondents Mrs.N.V.Sanglikar with Mrs.V.K.Khatau i/b.Smt.A.H.Chheda & ors. for the appellant. 7 CORAM : R.M. LODHA & D.G. KARNIK, JJ. DATED : 15th December 2005 ORAL JUDGMENT (Per R.M.Lodha,J.). Heard Mrs.N.V.Sanglikar, the learned counsel for the appellant. Nobody appears for the respondents. 2. The writ petition filed by the respondents 1 to 5 is pending before the learned Single Judge. At the time of issuance of rule, the learned Single Judge directed the present appellant not to auction the premises held by the present respondents 1 to 5 and 9 to 23. 3. Aggrieved by the interim restraint order, the Bombay Municipal Corporation has preferred the appeal. 4. We find from the proceedings that the Division Bench while admitting the appeal on 17.07.1997 stayed the impugned order. In other words, the restraint order passed by the learned Single Judge did not remain operative for the last 8 years. The respondents have not chosen to oppose the appeal. We are, thus, satisfied that the restraint order passed by the learned Single Judge not to auction the premises as set out in the order deserves to be set aside. We order accordingly. 8 5. Appeal is disposed of. . No costs. (R.M.LODHA, (R.M.LODHA, (R.M.LODHA, J.) J.) J.) (D. (D. (D. G. KARNIK, J.) G. KARNIK, J.) G. KARNIK, J.)