Bombay High Court

MR. HARAKCHAND B. SAVLAversusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR

Decided: 4 March 2026
Disposal: Disposed Off
Bench: ARIF S DOCTOR

Holding

The appeal is disposed with directions that the suit proceed expeditiously and the impugned notice and order not be acted upon until the suit is disposed.

Summary

The appellant, Mr. Harakchand B. Savla, appealed against the rejection of his notice of motion seeking a stay of a 2013 notice and order issued by the Municipal Corporation of Greater Mumbai. The suit is at the trial stage, with the plaintiff’s evidence completed and the defendant’s evidence pending. The appellant argued that a stay already in force since March 2020 should continue, allowing the appeal to be disposed without further delay. The corporation contended that the stay could be maintained only if neither party caused any delay in the trial. The court, after hearing both sides, directed that the suit proceed expeditiously without unnecessary adjournments, that the defendant ensure witness availability, and that the impugned notice and order not be acted upon until the suit is finally disposed. All interim applications were also ordered disposed.

Issues considered

Whether the stay of operation of the 2013 notice and order should continue pending the trial of the suit
Whether the appeal from order can be disposed with directions ensuring expeditious trial without adjournments

Subjects

stay of proceedings
appeal from order
civil appellate jurisdiction
municipal corporation
expeditious trial
adjournments

Judgment

                                         1/2                 39-AO-222-2020 (C).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION


                    APPEAL FROM ORDER NO. 222 OF 2020


Mr. Harakchand B. Savla                                               ...Appellant
        Versus
Municipal Corporation Of Greater Mumbai And Anr                       ...Respondents
                                       WITH
                   INTERIM APPLICATION NO. 6776 OF 2025
                                       WITH
                   INTERIM APPLICATION NO. 3423 OF 2020
                                       WITH
                   INTERIM APPLICATION NO. 19028 OF 2022
                                         IN
                    APPEAL FROM ORDER NO. 222 OF 2020
                                      _______
Ms. Priti Shah for Appellant.
Ms. Neeta Jadhav i/b Komal Punjabi for Respondent-Corporation.
                                      _______
                            CORAM         :      ARIF S. DOCTOR, J.
                            DATE          :      4th MARCH, 2026


P.C.


1.      The present Appeal from Order impugns the rejection of the Appellant’s

Notice of Motion seeking a stay of the operation of the impugned Notice dated

24th July, 2013 and impugned order dated 26 th August, 2013 respectively.

2.      Learned counsel for the Appellant has pointed out that the Suit is now at

the stage of trial. The Plaintiff’s evidence has in fact been completed and it is the

Defendant’s evidence that remains.




Areeb
                                          2/2                 39-AO-222-2020 (C).DOC



3.      Given this she points out that there has been a stay operating in the

present Appeal from Order since 7 th March, 2020. She thus submits that the

Appeal from Order can be conveniently disposed of if the stay continues

pending the hearing of the Suit.

4.      Learned counsel for the Plaintiff -Corporation submits that this can be

done only if the Appellant does not delay the hearing of the Suit therefore on the

assurance of both learned counsel that their respective clients shall not in any

manner delay the hearing of the Suit or take any unnecessary adjournments, the

Appeal from Order is accordingly disposed off for the following directions:

        (i)     The Suit to proceed expeditiously without the Trial Court granting

                any unnecessary adjournments.

        (ii)    Given that the Plaintiff’s evidence is complete, the Defendants shall

                ensure that the Defendant’s witness is available on all days

                required.

        (iii)   The impugned order and Notice shall not be acted upon until such

                time when the Suit is disposed of.

5.      Interim Applications if any shall also stand disposed of.




                                                     [ARIF S. DOCTOR, J.]




Areeb

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