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Bombay High Court

MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.versusKOHINOOR CONSULTANTS PVT.LTD.

Decided
Disposal
Disposed Off

Holding

The court allowed the withdrawal of the first appeals and ordered them to stand disposed.

Summary

The Municipal Corporation of Greater Mumbai filed First Appeals No. 1286/2006 and 1289/2006 challenging property tax assessments against Kohinoor Consultants Pvt. Ltd. and Manmohan Singh Narnam Singh Bedi respectively. Subsequent to filing the appeals, the Corporation re‑assessed the same properties and submitted a complaint regarding the reassessment, which is pending before the authorities. On this basis, counsel for the Corporation informed the Court that the appeals had become infructuous. The Court considered whether the appeals could be withdrawn after the re‑assessment. It held that the appeals may be withdrawn and ordered them to stand disposed. Consequently, the appeals were allowed to be withdrawn and the matters were disposed of by the Court.

Issues considered

  • Whether the first appeals become infructuous and may be withdrawn following a re‑assessment of property taxes by the Municipal Corporation

Subjects

  • property tax
  • reassessment
  • withdrawal of appeal
  • municipal corporation
  • civil appellate jurisdiction

Judgment

                     KVM
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                                                                         2 - FA 1286 & 1289 OF 2006.doc




        Digitally
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        signed by
        KANCHAN
KANCHAN VINOD
        MAYEKAR
VINOD
MAYEKAR Date:
        2026.07.04
                                           CIVIL APPELLATE JURISDICTION
        15:10:34
        +0530


                                             FIRST APPEAL NO. 1286/2006


                     MUNICIPAL CORPORATION OF
                     GREATER MUMBAI AND ANR.                              ….. APPELLANT
                               VS
                     KOHINOOR CONSULTANTS PVT. LTD                        ….. RESPONDENT

                                                     ALONGWITH
                                             FIRST APPEAL NO. 1289/2006
                     MUNICIPAL CORPORATION OF
                     GREATER MUMBAI AND ANR.                              ….. APPELLANT
                               VS
                     MANMOHAN SINGH NARNAM SINGH BEDI                     ….. RESPONDENT

                     Adv. Pallavi Khale i/b. Adv. Komal Punjabi for the Appellant - BMC.

                     Adv. R. M. Nakhawa i/b. Adv. Vasant Dhawan for the Respondents.

                     Smt. Riddhi Pawaskar, Officer, A A & C ‘A’ Ward present.

                     Mr.Sudhir Gurav, Officer, A A & C ‘C’ Ward present.

                     Mr.Deep S. Bharati, A A & C ‘F/N’ Ward present.

                                                        CORAM : RAJESH S. PATIL, J.

                                                        DATE     : 2 JULY, 2026

                     P.C. :-

                     1)               Ms. Khale, learned Counsel appearing for the Corporation

                     on instructions from the Officers of the Corporation submits that the

                     aforesaid First Appeals filed by the Municipal Corporation have
KVM
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                                                   2 - FA 1286 & 1289 OF 2006.doc


become infructuous in view of the re-assessment of the property taxes

done by the Municipal Corporation and therefore, assesses have filed a

complaint and the same is pending for hearing.

2)          In view of the statement made by Ms.Khale, on

instructions from the Officers of the Municipal Corporation, the

following two First Appeals :-

            (i)    First Appeal No. 1286 of 2006

            (ii)   First Appeal No. 1289 of 2006

are allowed to be withdrawn and stand disposed of.



                                           [RAJESH S. PATIL, J.]


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