Case note on Laboratories Griffon Pvt. Ltd. & Ors. v. Municipal Corporation of Greater Mumbai & Ors.

BRIEF FACTS OF THE CASE1

The petitioners in this matter are Laboratories and Pharmaceuticals Companies formed under the
provisions of the Indian Companies Act, 1956;2 with offices in Haji Moosa Industrial Estate,
Mahalaxmi, Mumbai. Respondents include the M.C.G.M., 3 the State of Maharashtra, and the
landlords of the petitioners' premises. Petitioners are lessees, and they allege that M.C.G.M. 4
earlier granted them permission to put up a Monsoon Shed on the fourth floor terrace of the
specified premises to protect it from damages such as leaking, since leakage might result in a
serious defect in the petitioners' product. However, later on petitioners’ applications to put up
Monsoon Shed was not considered and granted permission by M.C.G.M. 5 besides, the landlords
sent goons to prevent the petitioners from carrying out the tenable renovations. Hence, they filed
the particular Writ petition under Articles 226, 14, 19, and 21 of the Indian Constitution.6

TABLE OF DATE & EVENTS

S.no. Date Events

1. 19.07.19 M.C.G.M. issued a notice of landlords and petitioners under S.381 7 of MMC
Act.
2. 31.07.19 P’s addressed letter to the Assistant Engineer giving reference to the notice u/
S.381.8
3. 11.06.20 M.C.G.M. granted permission to put up Monsoon Shed on the particular
premises.
4. 21.07.20 R no. 5 filed a W.P.9 before this Court which was disposed off.
5. 16.02.21 Executive Engineer addressed a letter to Assistant Engineer in respect to
complaint made by landlords.

1
Laboratories Griffon Pvt. Ltd. & Ors. v. Municipal Corporation of Greater Mumbai & Ors., W.P. no. 12462 of
2021, Ordinary Original Civil Jurisdiction, The High Court of Judicature at Bombay.
2
The Companies Act, 1956; Act No. 1 of 1956.
3
Municipal Corporation of Greater Mumbai constituted under the Mumbai Municipal Corporation Act, 1888; Act
No. 3 of 1888.
4
Ibid.
5
Ibid.
6
The Constitution of India, 1950 incorporated with (One Hundred and Fourth Amendment) Act, 2019.
7
Section 381, Mumbai Municipal Corporation Act, 1888; Act No. 3 of 1888.
8
Ibid.
9
W.P. no. ad-hocwp-ld-vc-74 OF 2020.
 Case note on Laboratories Griffon Pvt. Ltd. & Ors. v. Municipal Corporation of Greater Mumbai & Ors.

6. 07.05.21 P’s addressed letter to Assistant Engineer along with application for
temporary Monsoon Shed.
7. 07.05.21 M.C.G.M.10 officer addressed petitioner letter and didn't grant permission to
carry out tenantable repairs as previously granted in prior letter.
8. 11.05.21 P’s addressed letter to respondent informing tenantable repairs will be carried
from 13.05.21.
9. 15.05.21 R no.5 addressed letter to respondent no. 4 mentioned workers won't be
allowed to carry out the tenantable repairs
10. 13.05.21 R’s no.6 & 7 addressed letter to the police informing obstruction by other land
lords to carry out tenantable repairs.
11. 26.05.21 P submitted a letter along with application to put up temporary Monsoon
Shed. Respondent did not consider and granted permission to P’s.

CONTENTIONS ON THE BEHALF OF THE PETITIONER’S

1. M.C.G.M.11 and other respondents are illegally refusing to provide petitioners permission to
set up Monsoon Shed on the particular premises.
2. The respondents have breached their legal obligations and infringed the petitioners' legal
rights.
3. Respondent’s no. 1 to 4 are obligated to help the petitioners in carrying out tenable repairs
against other respondent who is obstructing.
4. Withholding of permission to put up Monsoon Shed by respondents is resulting in Violation
of Fundamental Rights under Article 19, 21 and 14 of the Constitution of India.12
5. Respondents 1 to 4 are acting in concert and at the request of Respondent 5.
6. Petitioner has no other alternative or effective remedy other than to file the present petition
and seek adequate relief.
7. Petitioners agree to remove the Monsoon Shed as soon as the monsoon season is finished, i.e.
after October 31, 2021.

10
Supra note 3.
11
Supra note 10.
12
Supra note 6.
 Case note on Laboratories Griffon Pvt. Ltd. & Ors. v. Municipal Corporation of Greater Mumbai & Ors.

8. There is no other Writ Petition filed before this Court or the Supreme Court concerning the
cause of action and subject matter of the current Petition.
9. Since the offices of both parties are in Mumbai and the whole cause of action arose in
Mumbai, this Court has jurisdiction to hear this case.
10. There have been no delays or latches in filing the current Writ petition since the cause of
action arose.

ISSUES INVOLVED

1. Whether or not petitioner's fundamental rights under Article 19, 21 and 14 of the Constitution
of India13 are violated in the present matter?
2. Whether or not respondents have failed to perform their legal duty and obligation by not
granting permission to allow Monsoon Shed over petitioner trade premises?
3. Whether or not the officers of respondent’s no. 1 to 4 are acting in collusion with and at the
behest of the respondent no. 5?

PRAYERS

1. To issue Writ of Mandamus or any other writ direction to respondents for producing all
documents in relation to present matter.
2. To direct respondents to grant permission to put up Monsoon Shed above the particular
premises, that is 4th Floor, Haji Moosa Industrial Estate, Mahalaxmi, Mumbai .
3. To direct respondents to appoint an officer to supervise the tenantable repairs required to be
carried out by the petitioners.
4. To direct the respondent no. 4 to not create any of sort obstruction while tenantable repairs
are going on.
5. To grant any ad-interim or interim reliefs as well as for providing cost of the petition.

13
Supra note 8.