Bombay High CourtCAF/474/2015disposed off

Mrs. Shabana Shakeel Ahmed Ansari v. Maharashtra Housing Area Development Authority (Mhada)

2015-02-06Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.474 OF 2015 IN FIRST APPEAL NO.1285 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Ajinkya Palav i/b Mr.P.J.Thorat for the applicant Mr.G.B.Walawalkar i/b Mr.Shankar Prataprao Thorat for the respondent

CORAM

: K.K.TATED, J.

DATED : 06/02/2015 PC:

Not on board. At the request of Advocate for the Applicant, matter is taken on board for urgent orders.

This application is preferred by original plaintiff for return of original document i.e. Original Trade License marked as Exhibit '22' in S.C. Suit No.1452 of 2009 for the purpose of renewal.

The learned counsel for the applicant submits that the last date of renewal is 31.03.2015. He submits that for renewal they 1/3

have to produce the Original Trade License before the Authority without which it is not possible to get the renewal of the same. He further submits that applicant is ready and willing to file an undertaking that as and when this court calls upon them, they will bring the Original Trade License before this court. He submits that applicant is ready to place on record photo copy of Original Trade License duly certified by the Competent Authority in place of Exhibit 22.

Considering the submissions made by the learned counsel for the applicant and as applicant requires Original Trade License marked Exhibit 22 in S.C.Suit No.1452 of 2009, I am satisfied that the applicant has made out a case for allowing Civil Application. Hence, following order:

(A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That by an Order of this Hon'ble Court, the Registrar, Appellate Side of the Hon'ble Court, Bombay, be directed to return the original document i.e. Original Trade License marked as Exhibit '22' in S.C.Suit 2/3

No.1452 of 2009 to the Applicant and be pleased to permit the Applicant to substitute the original Trade License by furnishing the true copy thereof."

(B) Applicant to file an undertaking that as and when this court calls upon them, they will bring the Original Trade License before this court and undertakes to place on record photo copy of the Original Trade License duly certified by the Competent Authority.