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Bombay High CourtCAA/563/2015disposed off

Municipal Corporation Of Greater Mumbai v. Kartik Govardhan Shetty

2016-01-04Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 38.caa-563.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.563 OF 2015 IN APPEAL FROM ORDER (ST.) NO.8141 OF 2015 Municipal Corporation of Greater Mumbai ..

Applicant Vs.

Kartik Govardhan Shetty ..

Respondent --- Mr.S.R. Sonawane for the applicant-MMC.

Ms.Pratibha Shelake h/f Mr.Thorat for the respondents. --- CORAM : R.D. DHANUKA, J.

DATE : 4th January 2016 P.C.

.

By this civil application, the applicant seeks condonation of delay of 1 year and 350 days in filing the present appeal from order. Civil application is opposed by the respondent by filing affidavit-in-reply and also during the course of argument of the civil application. The only reason given in the civil application for condonation of delay of 1 year and 350 days is that due to pressure of the work and the legal department of the applicant is over burdened with the litigations in suburb, the concerned officer could not make application in time for getting the certified copies of the impugned order enabling to file appeal from order. 2.

In my view, the delay of 1 year and 350 days is not at all explained and/or justified in filing the appeal from order. The only reason given in the civil application is not sufficient to condone the delay of 1 year and 350 days.

ppn 2 38.caa-563.15.doc 3.

Civil application is dismissed. In view of dismissal of the civil application, appeal from order is also dismissed. No order as to costs.

R.D. DHANUKA, J.