Canara Bank v. The Municipal Corporation Of Greater Mumbai And ANR.

5.2490.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2490/2015 IN FIRST APPEAL (ST) NO.17818/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. G. V. Murti with Mohan Rao with Pradip Dubey i/b. MSR & Associates for the Applicant / Appellant Mrs. M. R. Bhoir for Municipal Corporation CORAM : K. K. TATED, J.

DATE : JULY 31, 2015 P.C.:

1.

Heard. This Application is for condonation of 99 days delay in filing the appeal challenging the decree dated 17/01/2015 passed by Small Causes Court, Mumbai in Municipal Appeal No.155/2007. 2.

The learned counsel for the Respondent Corporation vehemently opposed the Civil Application. She submits that the Applicant has not shown sufficient cause for condonation of delay of 99 days. She submits that the Civil Application is liable to be rejected on this ground only. 3.

Considering the submissions made by the learned counsel for the Applicant and the Basavraj G Patil 1/2

5.2490.15-caf averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (a) which read thus:

"(a) That this Hon'ble Court be pleased to condone the delay of 99 days in filing the present appeal on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2