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2017 Supreme(Bom) 75

S.B.SHUKRE
Raghuveer Agencies Pvt. Ltd. – Appellant
Versus
Santosh s/o Anantrao Jagtap – Respondent


Advocates Appeared:
For the Petitioners: Mr. R. R. Totla
For the Respondent: Mr. D.P. Palodkar, Mr. S.G. Chapalgaonkar, for Mr. Mandar Deshmukh, Mr. U.N. Shete, Mr. B.N. Kate

JUDGMENT :

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent.

3. What is questioned in this petition is the legality and correctness of the order dated 07.01.2017 passed in Misc. Civil Appeal No. 151/2016 by the learned District Judge-4, Aurangabad, granting temporary injunction against the petitioners as well as respondent no. 2, Municipal Corporation, Aurangabad.

4. The dispute is between respondent no. 1 and respondent no. 2. At the base of such dispute, also lie complaints made by petitioners in respect of various illegalities allegedly being committed by respondent no. 1 in operating the contract of collection of charges for user of parking space allotted to him by respondent no 2. This contract was awarded by respondent no. 2 to respondent no. 1 on 2nd April, 2016. It was for only one year and was in operation till 31st March, 2017. Under this contract, subject to the terms and conditions mentioned therein, respondent no. 2 – Corporation permitted respondent no. 1 to collect charges for using parking space situate off Adalat Road, infront of District Court, Aurangabad. Clauses 4 and 5 of this contract stipulate that respondent no. 2 would have a right to















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