Mrs. Atikaben Fafhruddin Tinwalla v. The Municipal Corporation Of Greater Mumbai And ORS

901 caa547-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.547 OF 2015 IN APPEAL FROM ORDER (ST) NO.27794 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.N.K.Tiwari for the applicant Mr.A.K.Nandanwar for the BMC

CORAM

: K.K.TATED, J.

DATED : 28/04/2015 PC:

Heard the learned counsel for the parties.

This Application is preferred by plaintiff for restoration of Appeal from Order (ST) No.27794 of 2014 which was dismissed in view of noncompliance of order dated 9.3.2014 i.e. placing on record copy of plaint in Suit No.2705 of 2014 along with all annexures.

The learned counsel for the applicant submits that applicant undertakes to comply the order dated 9.3.2015 within one week from today.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as the applicant Mohite 1/2

901 caa547-15.doc undertakes to comply the order dated 9.3.2015 within one week from today, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order: a) One week time is granted from today to comply the order dated 9.3.2015.

b) Appeal from Order (ST) No.27794 of 2014 is restored on file for hearing on its own merits. c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2