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1999 Supreme(Bom) 562

M.B.GHODESWAR, B.N.SRIKRISHNA
Overseas Chinese Cuisine (India) Pvt. Ltd. . and another – Appellant
Versus
Municipal Corporation of Greater Bombay and others – Respondent


JUDGMENT

B.N. SRIKRISHNA,J.:---Rule , returnable forthwith. Respondents waive service through their respective Counsel. By consent, rule taken up for final hearing and heard.

2. "Gate Bheeshme hate Drone Karne cha tridiwam gate

Aasha balawatee rajan Shalyo jeshyati Pandawaan"

was the sage advice of Sanjaya to the King Dritharashtra, in the context of the Mahabharat war, assuring him that then was still hope that Shalya would defeat the Pandawas, though all the veterans like Bhisma, Drona and Karna had become hors de combati Alexander Pope, in ' An essay on man' echoed this sentiment when he said "Hope springs eternal in the human breast". This petition is paradigmatic of the spirit of never say die in litigiousness.

3. The petitioners before us challenge two orders made by the first and the second respondents dated 28th June 1999 and 9th July 1999 (at Exhibits "DD" and "GG" to the petition) rejecting the plea of the petitioners for "regularisation" of certain admittedly and blatantly illegal action on their part. In order to correctly understand, appreciate and adjudge the contentions urged before us, it is necessary to take a quick survey of the facts leading to the application mad










































































































































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