The Municipal Corporation For Greater Mumbai, And ORS v. Lourdes Tower Co-Operative Housing Society Limited

(23) CAA 751-18 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 751 OF 2018 IN APPEAL FROM ORDER (STAMP) NO. 2708 OF 2018 The Municipal Corporation for Gr. Mumbai & Ors. .. Applicant Vs.

Lourdes Tower Co-op. Housing Society Ltd.

.. Respondent Ms. Oorja Dhond for the Applicant.

Ms. Ekta Panday I/b Jhangiani Narula & Associates for the Respondent. CORAM : K. K. TATED, J.

DATE : 20 th MARCH, 2019.

P. C. :

1.

Heard learned Counsel for the parties.

2.

Learned Counsel Ms. Panday submits that she received instructions to appear on behalf of the Respondent. She submits that she undertakes to file Vakalatnama in the Registry within two weeks from today. Statement is accepted.

3.

By this Civil Application, the Applicant-original Defendant is seeking condonation of 26 days delay in filing the Appeal from Order challenging the order dated 30.11.2017 passed by the Bombay City Civil Court, Dindoshi in Notice of Motion No. 2196 of 2015 in L. C. Suit No. 2244 of 2015.

4.

Learned Counsel for the Applicant submits that Advocate for the Applicant was overburdened with the constant flow of the cases and failed to file present Appeal from Order within time. In support of this contention, learned Counsel for the Applicant relies on paragraphs 4 and 5 of the Civil 1/2

(23) CAA 751-18 Application. Learned Counsel for the Applicant submits that they have good chance of success in the present case. She submits that the Hon'ble Court may please be condoned the delay in filing the Appeal from Order. 5.

On the other hand, learned Counsel Ms. Panday for the Respondent vehemently opposed the present Civil Application. She submits that the Applicant has not shown sufficient cause for condonation of delay in filing the Appeal from Order. Hence, there is no substance in the Civil Application and same be dismissed.

6.

Considering the submission made by learned Counsel for the Applicant and reasons disclosed in paragraphs 4 and 5 of the Civil Application, I am satisfied that the Applicant has made out the case for following order:

(i) Delay of 26 days in filing the Appeal from Order is condoned. (ii) Civil Application is disposed of accordingly. (iii) No order as to costs.

[K. K. TATED, J.] 2/2