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2011 Supreme(Bom) 314

S.C.DHARMADHIKARI
Formac Engineering Ltd. – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates appeared:
For the Petitioners:Aspi Chinoy, Sr.Advocate a/w M.P.S. Rao, Sr.Advocate, L.A. Rubens, Ms. Savita Sadananda & Sujit Suryavanshi i/by Vigil Juris, Advocates.
For the Respondents:R1 to R3, S.U.Kamdar, Sr.Advocate a/w Mrs. Trupti Puranik i/by V.K. Khatu & Ors, R4 to R7, Virag Tulzapurkar, Sr.Advocate a/w F. Palkhiwala i/by Mahernosh Humranwala, Advocates.

JUDGMENT :

By this petition under Article 226 of the Constitution of India, the petitioners have claimed the following reliefs:

“(a) that this Hon’ble Court be pleased to issue a writ of certiorari or a writ, direction or order in the nature of certiorari or any other appropriate writ, direction or order under Article 226 of the Constitution of India, calling for the records of the petitioner’s case and after considering the same, quashing and setting aside the impugned order dated 21st September 2010;

(b) that this Hon’ble Court be pleased to issue a writ of mandamus or a writ, direction or order in the nature of mandamus or any other appropriate writ, direction or order under Article 226 of the Constitution of India, this Hon’ble Court be pleased to order and direct:

(i) the respondent Nos.1, 2 and 3 from in any manner implementing the impugned order dated 21st September 2010;

(ii) restraining the respondent Nos.1,2 and 3 from in any manner acting in furtherance of the impugned order dated 21st September 2010;

(iii) the petitioners from continuing the working and running of the factory in accordance with the factory permit dated 20th May 2008.”

2. At the outset, it is clarified t











































































































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