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2018 Supreme(Online)(Chh) 646

IN THE HIGH COURT OF CHHATTISGARH
Hameeda Siddique, J
Mahendra Singh v. Municipal Corporation Raigarh (CG) and Another


Advocates:
For the Appellants/Petitioners: Mrs. Hameeda Siddique
For the Respondents: Mr. H.B. Agarwal

Table of Content
1. petitioner argues compliance with notice requirements. (Para 2 , 3 , 4)
2. court interprets notice requirements in s.387. (Para 5 , 6 , 7 , 8)
3. court emphasizes substance over form in statutory compliance. (Para 9 , 10 , 11)
4. final ruling remits case for merits consideration. (Para 12 , 13)

1. Heard.

2. The petitioner is aggrieved by the order passed by the Additional District Judge, (FTC), Raigarh, dismissing his application under S.387 of the C.G. Municipal Corporation Act , 1956 (in short 'the Act') on the ground that before moving an application under S.387 of the Act, the petitioner has not served statutory notice under S.387(1).

3. Mrs. Hameeda Siddique, learned counsel for the petitioner would draw attention of this Court to the communication / letter dated 13.12.2011 addressed to the Commissioner, Municipal Corporation, Raigarh, by which, the petitioner has requested that an arbitration may be constituted under S.387 of the Act within a period of one month and a Committee be constituted for resolving the dispute in presence of both the parties, to argue that there was substantial compliance of S.387(1) of the Act and rejection of the application is contrar


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