JUDGMENT

Raju, J.-The Municipal Corporation of Greater Bombay who lost before the learned Single Judge and the Division Bench of the High Court, is the appellant herein against the judgment dated 30.8.85 in Appeal No.167 of 1980 whereunder the Division Bench, while affirming the judgment of the learned Single Judge, restrained the appellant-Corporation from taking any action against the respondent under Section 328 or 328A of the Mumbai Municipal Corporation Act, 1888 as amended (hereinafter referred to as "the Act") in regard to their sign boards of petroleum pumps. In order to appreciate the legal issues raised pertaining to the scope and purport of the statutory provisions noticed supra, it becomes necessary not only to advert to the nature of the activities of the respondent which are the subject-matter in issue but also the conclusions arrived at in the judgment under challenge as well as the reasons therefor.

2. The respondents are said to be successor-in-title of the company known as Burmah-Shell Oil Storage & Distributing Company Limited carrying on business inter alia as a distributor of petroleum products in various parts of the country. We are concerned in this proceeding