Marjan Abdul Hamid Khan v. The Municipal Corporation Of Greater Mumbai

pr29 caa581-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.581 OF 2015 IN APPEAL FROM ORDER (ST). NO.9487 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Jamila Shaikh for the applicant Mr.A.K.Nandanwar for the BMC

CORAM

: K.K.TATED, J.

DATED : 06/04/2015 PC:

Not on board. At the request of Advocate for the appellant, matter is taken on board for urgent orders.

This application is preferred by plaintiff for condonation of one day delay in filing Appeal from Order challenging the order dt.24.2.2015 passed by Bombay City Civil Court, Mumbai in Notice of Motion No.789 of 2015 in Suit No.444 of 2015 declining to grant ad-interim relief in favour of plaintiff.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied Mohite 1/2

pr29 caa581-15.doc that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (I) which read thus:

"(I) That the Hon'ble court be pleased to condone the delay of one days in filing the present Appeal on any terms and condition."

B) Appellant is directed to remove all office objections in Appeal from Order within two weeks from today.

C) If all office objections are removed within within stipulated time as stated hereinabove, office is directed to place the matter on board on 5.5.2015.

D) Liberty granted to the appellant to move before the returnable date after removing all office objections.

E) Civil application stands disposed off accordingly.

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