section 503
In cases falling under section 491, dispute to be determined by the Chief Judge of the
The Mumbai Municipal Corporation ActChapter XIX PROCEDURE
Small Cause Court.— (1) If, when the Commissioner
6[or the General Manager] demands payment of any expenses under section 491, his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the Commissioner in taking temporary measures, under sub- section (2) of section 329, the necessity for such temporary measures is disputed, the Commissioner
7[or the General Manager, as the case may be,] shall refer the case for the determination of the Chief Judge of the Small Cause Court.
- (2) Pending the Chief Judge’s decision the Commissioner 8[or the General Manager, as the case may be,] shall defer further proceedings for the recovery of the sum claimed by him and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby ascertained to be due. 9[(3) The Commissioner or the General Manager may apply to the Chief Judge that, having regard to the amount under dispute, the person or persons should be directed to deposit in Court one-half of the amount under dispute; and thereupon the Chief Judge shall, as far as practicable, decide the application within fifteen days.
- (4) Where the Chief Judge, after hearing the person or persons concerned, passes an order directing
deposit of one-half or such reasonable part of the amount under dispute as he may deem proper by a
specified date, it shall be competent for the Commissioner or General Manager to withdraw the same.]
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