Mr.Hemchand Mahavir Prasad Singhania v. Municipal Corporation Of Greater Mumbai

38 caf 2596-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2596 OF 2015 IN FIRST APPEAL NO. 1112 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mujib Khan for the applicant.

Mr. M. R. Bhoir for the respondent/BMC.

CORAM : K. K. TATED, J.

DATED : 23/02/2016 P.C.:

.

Heard learned Counsel for the parties.

This application is for restoration of First Appeal No. 1112 of 2012 which was stands dismissed in view of conditional order dated 22.01.2015 passed by the learned Registrar (Judicial-II) for non payment of printing charges within stipulated time.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Order dated 22.01.2015 passed by Sneha Chavan 1/2

38 caf 2596-15=.doc learned Registrar (Judicial-II) is set aside. b) First Appeal No. 1112 of 2012 is restored on file for hearing on its own merits. c) Applicant to remove all office objections in First Appeal No. 1112 of 2012 within four weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2