ZENITH TINS PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner is challenging a demand notice of the Mumbai Municipal Corporation ("MMC"), a body incorporated under the Mumbai Municipal Corporation Act, 1888 ("the MMC Act"). It seeks a writ of mandamus or any other appropriate writ, order or direction, directing respondent Nos.2 and 4 not to enforce the said demand or to claim any amount thereunder.

(2.) Since the petition involves a question of interpretation of the clause in a Lease Deed and extensive arguments have been canvassed, we proceed to admit this petition.

(3.) Rule. Respondents waive service. Since all affidavits are filed and respondents have waived service, by consent, rule is made returnable forthwith, and the matter is taken up for hearing and final disposal.