Smt. Bindu Champaklal Zaveri v. Municipal Corporation Of Greater Bombay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1003 OF 2024 IN FIRST APPEAL NO. 435 OF 2002 Smt. Bindu Champaklal Zaveri ...

Appellant V/s.

Municipal Corporation of Greater Mumbai ...

Respondents ------------------- Mr. J. Neis, Senior Advocate with Mr. T.S. Shetty, for the appellant. Mr. Santosh Parad, for the respondent/MCGM.

--------------------- CORAM : KISHORE C. SANT, J.

DATE : 12TH APRIL 2024.

PC:

1.

Heard the parties.

2.

This application is filed for restoration of the first appeal No. 435 of 2002, That was dismissed for non supply of paper-book by order dated 12th July 2022 by this Court. Learned Senior advocate for the appellant informs that on the same date 125 matters came to be dismissed by common order for want of prosecution. He submits that there was no notice of placing of the matters given to the parties and thus the appellant was not aware, even of the common order passed by this Court. It is only on enquiry of the status of the appeal it came to the knowledge that in view of the common order the appeal is already dismissed. Learned Senior Advocate submits that now paper-book is 40-ia-1003-2024.doc varsha

ready and the same would be filed immediately. 3.

Considering that the appeal stands restored, subject to submitting of paper-book in the office within three weeks from today. After paper-book is supplied, appeal stands restored to its original status. Parties are thereafter at liberty to move appeal including adinterim relief. 4.

Interim application is disposed of.

(KISHORE C. SANT, J) 40-ia-1003-2024.doc varsha