Mr. Mohammad Alim Yar Mohammad v. The Municipal Corporation For Greater Mumbai

104.12-CAA FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.104 OF 2015 IN APPEAL FROM ORDER (ST) NO.2348 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rajesh Singh with Ashish Singh for the Applicant.

Mr. Vinod Mahadik for the Respondent.

CORAM : K. K. TATED, J.

DATE : JANUARY 30, 2015 P.C.:

1.

Heard. This application is for condonation of 31 days delay in filing the Appeal from Order. The learned counsel for the Applicant submits that the office has raised objection about the delay therefore, he has filed the Application for condonation of delay.

2.

He submits that in fact, the impugned order is passed by the Trial Court on 17/12/2014 and the same was transcribed on 22/12/2014. They applied for certified copies on 20/12/2014 and same was delivered on 03/01/2015. He further submits that they filed the present Appeal from Order on 27/01/2015.

Basavraj G Patil 1/2

104.12-CAA 3.

Considering the fact that the impugned order was transcribed on 22/12/2014 and he applied for certified copies on 20/12/2014, in fact, there is no delay in filing the appeal.

4.

Considering the submissions made by the learned counsel for the Applicant and as the impugned order was transcribed on 22/12/2014 and certified copy was ready on 02/01/2015, the Appeal from Order filed by the Appellant is within time. Hence, the following order:

a) Civil Application stands disposed of as redundant.

b) Office to treat the Appeal from Order filed within time.

c) Office to number the Appeal from Order.

JUDGE Basavraj G Patil 2/2