M/S. Indian States And Eastern Agency And ANR. v. Municipal Corporation Of Greater Mumbai And ORS.

3.1143.16-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1143/2016 in First Appeal (ST) No.8505/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Susmit Phatale i/b. Omkar Kulkarni for the Applicant Mrs. Sheetal Mane for the Respondent CORAM: K.K.TATED, J.

DATED : AUGUST 6, 2019 P.C.

Heard. The learned counsel for the Applicant submits that as per earlier order, they served the Respondent No.1 Municipal Corporation as well as the P.W.D. and filed an Affidavit of service. In spite of service, none appeared for them.

By this Civil Application the Applicant is seeking condonation of 67 days delay in filing the First Appeal to challenge the judgment and decree dated 18.11.2017 passed by the Bombay City Civil Court in L.C.Suit No.176/2010.

Basavraj G. Patil 1/2

3.1143.16-caf.odt 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) Delay in filing the First Appeal is condoned.

b) Civil application stands disposed off accordingly.

c) No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2