Gupta, J. - (1.) This appeal, brought on certificate granted by the High Court at Bombay, is directed against an order dismissing the writ petition filed by the appellant company challenging an order made under Section 105-B of the Bombay Municipal Corporation Act, 1888 (hereinafter referred to as "the Act") by which the appellant was asked to vacate the premises in dispute within one month of the date of the service of the order. The validity of the order under Section 105-B was questioned on several grounds including the ground that Chapter V-A of the Act, particularly Section 105-B thereof, was violative of Article 14 of the Constitution. This writ petition was heard along with two others filed by other parties in which also the constitutional validity of Chapter V-A of the Act was questioned. The High Court held that the provisions of Chapter V-A did not contravene Article 14 and dismissed the writ petition filed by the appellant on this and two additional grounds. The first of these grounds was that under Section 105-B of the Act an appeal lay against an order under Section 105-B and therefore the appellant should have exercised his "normal right of appeal" instead of moving the High Court under its special writ jurisdiction. The second ground was that the appellant was guilty of suppression of a material fact which disentitled the appellant from invoking the writ jurisdiction of the High Court.
(2.) In this Court the question whether Chapter V-A of the Act was violative of Article 14 was heard by a Constitution Bench which held inter alia that the provisions of Chapter V-A are not hit by Article 14 of the Constitution (see Maganlal Chaganlal (P) Ltd. v. Municipal Corporation of Greater Bombay, AIR 1974 SC 2009) and this appeal and the several other appeals that were heard along with it on the said question were directed to be posted for disposal before a Division Bench. This is how the appeal has come before this Bench.
(3.) Mr. Mazumdar learned counsel for the appellant, stated frankly that the constitutional point having been decided against the appellant there was no other ground which could possibly urge in this appeal. He however submitted that the remark made in the judgment of the High Court that the petitioner was guilty of suppression of a material fact was not correct and that the cost of Rupees 4000/- awarded against the petitioner was too harsh. According to Mr. Mazumdar the notion that the petition was not bona fide led to such heavy cost being awarded against the petitioner.;