(1.) A Division Bench has been constituted to answer following questions:
(2.) Need for formulating above questions arose on account of inconsistent views taken by the Single Judge of this Court in (Abdul Jabbar Haji Mohammed Ibrahim vs. The Chairman, Nagpur Improvement Trust, Nagpur and another; Civil Revision Application No.345/1993 decided on 2/4/1993.) decided on 2/4/1993 as also in the case of Smt.Jankibai Jaiswal Bahu Uddesiya Sanstha vs. Nagpur Improvement Trust and another; 2013(1_) ALL MR 55 wherein it has been held that the Civil Court cannot proceed to adjudicate over the issue unless institution of civil proceeding is in compliance with Sec. 115 of the Nagpur Improvement Trust Act, 1936 (the NIT Act) and, therefore, the suit filed without complying with the mandatory provisions of Sec. 115 of the NIT Act is not maintainable. Whereas, the Hon'ble Apex Court in the case of The Poona City Municipal Corporation vs. Dattatraya Nagesh Deodhar, AIR 1965 SC 555 while considering Sec. 487 of the Maharashtra Municipal Corporations Act, 1949 (the MMC Act), a pari materia provision has rendered a finding as under:
(3.) Thus, the Hon'ble Apex Court, while considering pari materia provision, held that Sec. would be available to the Corporation only in respect of an act done or purported to be done in pursuance or execution or intended execution of the Corporation Act. In other words, what follows is that this benefit will not be available if the act done or purported to be done is not in pursuance or execution of the said Act.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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