JUDGMENT - R.M. LODHA, J.:---This first appeal is at the instance of Bombay Municipal Corporation and the Assessor and Collector, aggrieved by the judgment and order dated 17th April, 2000 passed by the Additional Chief Judge, Small Causes Court whereby the appeal filed by the present respondent under section 217 of the Bombay Municipal Corporation Act has been allowed and the Appellate Authority directed the present appellants to cancel or withdraw the letter dated 30th December, 1999 and further asked them to refund the amount of Rs. 37,08,000/- to the present respondent.

2. By way of an agreement entered into between the present respondent with the Mahanagar Telephone Nigam Limited (M.T.N.L.), the present respondent was given work of printing of the telephone directory. As per the agreement, the telephone directory was printed by the present respondent in four volumes. Out of these four volumes, first three volumes contain the residential address of subscribers of M.T.N.L. in Bombay and the fourth volume contains the alphabetically A to Z business entries only. Various consignments of said directories were not allowed to enter within the jurisdiction of Bombay Municipal Corpora

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