Bombay High Court imposes ₹2 lakh costs on BMC for filing review petition "without substance" against 2019 order

The BMC sought review of a 2019 order in a lease dispute on the ground that statements on affidavit filed through one of its engineers were incorrect.
Brihanmumbai Municipal Corporation (BMC)
Brihanmumbai Municipal Corporation (BMC)

The Bombay High Court Monday imposed costs of ₹2 lakh on the Brihanmumbai Municipal Corporation (BMC/ MCGM) for seeking a review of a 2019 order of the Court [The Municipal Corporation of Greater Mumbai & Ors vs Zenith Tins Private Limited & Anr].

A bench of Justices GS Patel and Gauri Godse condemned the review petition, calling it an "abuse of the process of a Court".

"This petition is a gross abuse of the process of a Court. The fact that it is done by the MCGM only makes it worse," the Court said.

The BMC sought review of a 2019 order in a lease dispute in which rule was made absolute after considering an affidavit filed by one Sudhakar Ramkrishna Mahajan on behalf of the BMC.

The review plea was filed on the ground that after the 2019 order, personnel in the Estate Department, after sifting through archives, discovered records that effectively rendered Mahajan's statements on affidavit incorrect.

The Court inquired as to why the sifting was not possible before the filing of the affidavit and noted that it claimed that Mahajan had gone through available relevant records.

"Now we are told in this review petition that Mahajan’s statements on sworn affidavit are incorrect. Now we are told that there were records, but to which Mahajan could not have deposed," it added.

Further, the Court remarked that most importantly, it was not told how the case fell within Section 114 or Order 47 of the Code of Civil Procedure (CPC) and particularly how in the circumstances there could be said to have been “due diligence” on the part of the MCGM in finding the material.

Stating that the review petition was entirely without substance, the Court dismissed it with costs of ₹2 lakh payable to the original petitioner.

Advocates Girish Godbole and Sagar Patil appeared for MCGM.

Advocates Niyati Merchant, Yash Dhruva and Harsh Seth appeared for the respondent company.

Assistant Government Pleader SB Gore appeared for the State.

[Read Order]

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