Stany Silvestor Menezes v. Municipal Corporation Of Greater Mumbai Thr. Commissionerand ORS

522.caa.225.2019.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.225 OF 2019 IN APPEAL FROM ORDER (ST) NO.33360 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Y.K. Tiwari I/b Jitendra Tiwari for applicant.

Mr. Rucha Tolat I/b M/s. L.C. Tolat and Co. for respondent No.2.

Mrs. Madhiuri More for respondent No.1-BMC.

CORAM : K. K. TATED, J DATE : MARCH 19, 2019 P.C.:

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Not on board. At the request of advocate for appellant matter is taken on production board.

Heard learned Counsel for parties.

3.

By this Civil Application, applicant is seeking restoration of Civil Application (St) No.33361 of 2018 and Appeal from Order No.33360 of 2018 which which stands S.C. Magar 1/2

522.caa.225.2019.doc dismissed in view of order dated 15.03.2019 passed by this Court.

4.

Considering the submissions made by learned Counsel for the applicant, averments made in Civil Application, I am satisfied that the applicant has made out case for allowing this Civil Application. Hence, following order :- a) That the order dated 15/03/2019 passed by this Court dismissing Civil Application (ST) No.33361 of 2018 and Appeal from Order (ST) No.33360 of 2018 is set aside and Civil Application (ST) No.33361 of 2018 and Appeal from Order (ST) No.33360 of 2018 is restored to file for hearing.

b) Civil Application stands disposed of accordingly.

c) No order as to costs.

b) Appeal from Order to appear on board for admission on 22.04.2019.

(K.K.TATED, J.) S.C. Magar 2/2