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2004 Supreme(Bom) 1044

F.I.REBELLO
State Bank of India – Appellant
Versus
Brihanmumbai Municipal Corporation of Greater Bombay – Respondent


JUDGMENT

F.I. Rebello, J.

1. 1. Petitioners by the present petition by way of relief have sought to recall or rescind the letter dated 17-9-1999 whereby respondent Corporation intimated to the petitioners that the property tax as set out therein are still payable and for further relief to recall or rescind the warrant of attachment at Exh. AG dated 27-9-1999 issued in connection with non payment of Sewerage tax. Various other reliefs are also sought in terms of Prayer Clause (a). Prayer Clause (b) is for a writ of prohibition to restrain respondents from taking any further steps in respect of the impugned wrongful demand for sewerage taxes as contained in the letter of respondent No. 4 dated 17-9-1999 at Exh. AH as also the warrant of attachment as set out earlier.

.2. A few facts may be set out which are necessary for deciding the controversy which has arisen and arising out of

.the subject matter of the petition. The petitioners contend that it is a body corporate constituted under the provisions of the State Bank of India Act, 1975. It has Central office at Bombay and offices and branches at elsewhere. The petitioners are in occupation of the premises pursuant to an indenture of



































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