Aisha Begum Islam v. Mumbai Municipal Corporation And ANR

PR 4 cao 87-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 87 OF 2015 IN CIVIL APPLICATION NO. 1205 OF 2014 IN APPEAL FROM ORDER (ST) NO. 23818 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. Jitendra Mishra for the applicant.

CORAM : K. K. TATED, J.

DATED : 18/04/2015.

P.C.:

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

The learned counsel for the applicant submits that Applicant served the respondents by private notice.

This Application is preferred by the plaintiff for restoration of Civil Application no. 1205 of 2014 which was dismissed for non compliance of order dated 17.02.2015 i.e. payment of Bhatta Charges. The learned counsel for the applicant submits Sneha Chavan 1/2

PR 4 cao 87-15=.doc that by mistake it remains on their part to pay Bhatta Charges within stipulated time. He submits that Applicant is undertaking to pay Bhatta Charges immediately. Same is accepted.

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 preferring the Civil Application is condoned.

b) Applicant is permitted to pay Bhatta Charges within two weeks from today as per order dated 17.02.2015.

c) Civil Application no. 1205 of 2014 is restored on file.

d) If Bhatta charges are paid within stipulated time as stated herein above, office is directed to issue notice to the respondents in Civil Application no. 1205 of 2014.

e) Civil Application is disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2