Ramesh Mohanlal Solanki v. The Municipal Corporation Of Greater Mumbai

28 caa 857-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 857 OF 2015 IN APPEAL FROM ORDER (ST.) NO. 12609 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sanjiv Sawant with Abhishek Deshmukh for the appellant.

Mr. A. K. Nandanwar for the respondent.

CORAM : K. K. TATED, J.

DATED : 22/06/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by plaintiff for condonation of 8 days delay in filing Appeal from Order challenging the order dated 05.03.2015 passed by Bombay City Civil Court at Bombay in Notice of Motion no. 1690 of 2011 in L.C. Suit No. 1602 of 2013.

The learned Counsel for the respondent corporation vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient cause for condonation of delay. Sneha Chavan 1/2

28 caa 857-15=.doc Considering the submissions made by the learned Counsel for the applicant and after going through the averments made in Civil Application particularly in paragraph 3, I am satisfied that applicant has made out case for allowing Civil Application.

Hence, the following order.

i) Civil Application is allowed in terms of prayer clause (a), which reads thus:

"a) This Hon'ble Court be pleased to condone the delay of 8 days in filing the present Appeal from Order in the interest of justice and the Appeal from Order be kindly heard on merits." ii) Office is directed to place the Appeal from Order on board on 13.07.2015.

iii) Appellant to remove all office objections on or before 09.07.2015, failing which Appeal from Order shall stand dismissed without referring back to the court .

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