The Municipal Corporation Of Greater Mumbai Thr. Municipal Commissionerand ANR v. Janata Dal(Secular) Maharashtra Thr. Sec.Premchand Balkrishna And ANR

1 14.219.18 caa.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 219 OF 2018 IN APPEAL FROM ORDER (ST) NO. 17128 OF 2017 The Municipal Corporation of Greater Mumbai .....Applicants thr. Municipal Commissioner and another V/s.

HTRA Thr. Sec. Premchand Balkrishna .....Respondents and another Mrs. Madhuri More for BMC None for Respondents CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard the learned counsel for the applicant. Though the respondent is duly served, no one appeared when the matter is called out.

By this Civil Application, applicant is seeking condonation of

2 14.219.18 caa.doc 87 days delay in filing Appeal from Order challenging the order dated 10/02/2017 passed by City Civil Court, Mumbai in Draft Notice of Motion in L. C. Suit Stamp No. 1579 of 2017. Considering the submissions made by the learned counsel for the applicant and the averments made in the Civil Application, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order:

(I) Delay of 87 days in filing Appeal from Order is condoned.

(II) Civil Application stands disposed of.

(III) No order as to costs.

[K. K. TATED, J.]