Brihan Mumbai Mahanagar Palika Thr.Best Undertaking. v. Shri.Banti Rajan Morakkil

905.CAF2065_2017.doc dya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2065 OF 2017 IN FIRST APPEAL (ST.) No. 7480 OF 2017 Brihan Mumbai Mahanagar Palika through BEST Undertaking ... Appellant/Applicant Vs.

Banti Rajan Morakkil ... Respondent Mr. Madhukar Kalzunkar i/b. Navdeep Vora Associates, Advocate for the applicant.

Ms. Varsha Chavan, Advocate for the respondent. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 1st February, 2018.

P.C.:

This Application is moved for condonation of delay in filing First Appeal.

2.

The learned counsel for the applicant-Brihan Mumbai Mahanagar Palika through BEST Undertaking submitted that there is a delay of 78 days in filing First Appeal against the judgment and order dated 4th August, 2016 passed by the learned Member, Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 1994 of 2012. The learned counsel submitted that the delay is caused due to compliance of procedural formalities and it is not intentional. 1 / 2

905.CAF2065_2017.doc 3.

The learned counsel for the respondent opposed the Application.

4.

In view of the uncontroverted submissions, delay of 78 days in filing First Appeal is condoned. First Appeal be registered. However, it is noted that the office objections are not removed by the appellant. If the office objections are not removed within two weeks, i.e., on or before 15th February, 2018, the Appeal will be dismissed without further referring to this Court.

5.

Civil Application is also accordingly disposed of. (MRIDULA BHATKAR, J.) 2 / 2