Bank Of Baroda v. The Municipal Corporation Of Greater Bombay And ANR.

28 caf2419-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2419 OF 2016 IN FIRST APPEAL (ST.) NO.10703 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Biju Joseph a/w Ms.Pallavi Kamath i/b M/s.B.J.Law Offices LLP for the applicant Ms.Madhuri More for the BMC CORAM : K. K. TATED, J DATE : APRIL 30, 2019 P.C.:

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Heard.

By this Civil Application, Applicant original Claimant is seeking condonation of 288 days delay in filing First Appeal challenging the judgment and decree dated 13.3.2015 passed by Small Causes Court at Mumbai in Municipal Appeal No.20 of 2010. There is no explanation for delay of 288 days in filing First Mohite 1/2

28 caf2419-16.doc Appeal.

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 on payment of cost of Rs.10,000/-.

Hence, following order:

a) Delay in filing the First Appeal is condoned. b) Applicant to pay cost of Rs.10,00-/-.

c) Cost shall be paid to Kirtikar Law Library, High Court, Mumbai, on or before 7.6.2019 and place a receipt thereof on record, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

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