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2023 Supreme(Online)(Bom) 28475

BOMBAY HIGH COURT
SHARMILA U. DESHMUKH, J
The Aurangabad Jilha Chemists and Druggists Association – Appellant
Versus
The Municipal Corporation, Aurangabad – Respondent


Advocates:
For the Appellants/Petitioners: Shri Pramod F. Patni
For the Respondents: Mrs. Anjali Bajpai (Dube)

Table of Content
1. challenge to a monetary demand by a municipal corporation. (Para 2 , 3 , 4 , 6)
2. arguments concerning statutory obligations and compliance. (Para 5 , 8 , 9)
3. court's validation of monetary assessment for a demand notice. (Para 7 , 10)
4. final ruling on the dismissal of the writ petition. (Para 11)

FINAL ORDER :

. Heard.

2. The petition challenges the order dated 11th November, 2021, passed by the Trial Court in R.C.S. No. 26 of 2021, whereby the petitioner was directed to value the suit as per Section 6 (iv)(a) of the Maharashtra Court Fees Act on or before next date and pay proper court fees.

3. R.C.S. No. 26 of 2021 was instituted by the petitioner challenging the notice dated 21.06.2021 issued by the Municipal Corporation Aurangabad raising a demand of Rs. 7,57,203/- upon the petitioner. It is the case of the petitioner in the suit that by a registered lease deed executed between the parties the nallah belt was given on lease and construction over nallah belt was undertaken by the petitioner pursuant to the development permission granted by the Municipal Corporation. It is also the case in the suit that as per the agreement between the parties, the respondent i

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