SARGAM FOODS PVT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners challenge the order dated 29th November 2007 passed by the 3rd Respondent, Cess Officer, Municipal Corporation of the City of Navi Mumbai (for short NMMC) , as also the prohibitory order dated 5th November 2007 passed by the 3rd Respondent. The facts and circumstances giving rise to the filing of the present writ petition, briefly state, are as under:

(2.) Heard Mr.Jitendra Jain, learned counsel for the petitioners, Ms.S.S.Bhende, learned AGP for Respondent Nos.1 & 5, and Mr.A.A.Garge, learned counsel for Respondent Nos.2 & 6. Mr.Jain, for the petitioners submitted that the order dated 29th November, 2007 passed by the 3rd Respondent attaching the cash credit account is wholly unsustainable. He submitted that basically it is an overdraft facility and the amount is not payable by the Bank.

(3.) As far as the prohibitory order dated 5th November, 2007 passed by the 3rd Respondent u/s.152 (J) of the Act is concerned, he submitted that the said order passed by 3rd Respondent is without any authority and only the Commissioner of NMMC has power to pass the said order.