Premkiran Co.Op. Hsg. Soc.Ltd. Thane v. Mira Bhayander Municipal Council Thr. Its Chief Officers And ORS

1/2 38 IA-1926-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SALGAONKAR M M Date: 2022.03.31 16:39:47 +0530 SALGAONKAR M M CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1926 OF 2022 IN SECOND APPEAL NO.535 OF 2011 Premkiran Co-Op.Hsg. Soc. Ltd., Thane ..

Applicant

Versus

Mira Bhayander Municipal Council through it's Chief Offcers & Ors.

..

Respondents ...

Ms.Kranti L.C. with Mr.Kaustubh Gidh for the Appellant/ Applicant.

Mr.M.S.Lagu for the Respondent No.1.

Mr.S.S.Patkie for the Respondent Nos.2 and 3. ...

CORAM: BHARATI DANGRE, J.

DATED : 29th MARCH, 2022 P.C:- 1.

The appeal came to be dismissed in the wake of the conditional order passed by the Registrar (Judicial-II) on 25/08/2021, when four weeks' time was granted to fle the private paper-book in the appeal of the year 2011. Failure to fle the private paper-book resulted in it's dismissal.

M.M.Salgaonkar

2/2 38 IA-1926-22.doc 2.

The restoration application is moved on 10/03/2022 and I deem it expedient to grant the restoration, subject to an undertaking by the appellant that the private paper-book shall be fled within two weeks from today. Failure to do so will not permit the appellant to fle any application and it is made clear that even if such an application is fled for restoration, it shall not be entertained on any count.

Interim Application No.1926 of 2022 is allowed and the appeal stands restored to the fle.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar