Kishor Keshubhai Chudasama (Mistry) v. Municipal Corporation Of Greater Mumbai,Thr. Assistant Commissioner

524. ia 19355-22.doc Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2022.10.20 19:03:25 +0530 DIKSHA DINESH RANE INTERIM APPLICATION NO. 19355 OF 2022 IN APPEAL FROM ORDER ST. NO. 893 OF 2020 KISHOR KESHUBHAI CHUDASAMA (MISTRY) ..APPLICANT VS.

MUNICIPAL CORPORATION OF GREATER MUMBAI ..RESPONDENT ------------ Mr. Rahul Arora i/b. Ms. Shubhangi A. Subhedar for the applicant.

Mr. R. Y. Sirsikar for the respondent-MCGM.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 20, 2022.

P.C. :

1.

Not on board; taken on board.

2.

This is an application for setting aside the order dated 30/11/2021 passed by the Registrar (Judicial-II) refusing registration. There is a delay in filing the application. It is pointed out that the applicant is having health issues and the applicant's brother is handicapped. He also has to look after his old mother.

3.

For the reasons mentioned in the application, the delay deserves to be condoned. The application deserves to be allowed.

524. ia 19355-22.doc 4.

The order dated 30/11/2021 passed by the Registrar (Judicial-II) is set aside. The appeal be restored to file. 5.

The application is disposed of. No costs.

APPEAL FROM ORDER ST. NO. 893 OF 2020 6.

Mr. R. Y. Sirsikar, learned counsel for the MCGM, seeks time to take instructions.

7.

Stand over to 30/11/2022.

8.

Till next date, MCGM not to act upon the notice issued under Section 351 of the Mumbai Municipal Corporation Act. (M.S.KARNIK, J.)