The Municipal Corporation Of Greater Mumbai And ANR v. Percept Finserve Private Limited And ORS

23 CAA 683 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.17125 OF 2018 WITH CIVIL APPLICATION NO.683 OF 2018 IN APPEAL FROM ORDER (ST) NO.17125 OF 2018 Municipal Corporation of Greater Mumbai and anr ...

Appellant V/s.

Percept Finserve Private Ltd.

and ors ...

Respondents Mr. N. V. Walawalkar, Senior Counsel a/w Mrs. Madhuri More, for the appellant.

Mr. Amogh Singh i/by Dhirendra Pratap Singh, for respondents CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 25th SEPTEMBER, 2018.

P.C. :

1] Heard learned counsel for the appellant and respondent. 2] This application is for condonation of delay occurred in filing the Appeal, against the order passed by the trial Court, thereby making Notice of Motion absolute.

3] Learned counsel for appellant submits that the suit is pending before the trial Court and therefore, without going into the merits, the matter may be relegated to the trial Court for decision of 1/2

23 CAA 683 OF 2018.odt the suit 4] In view thereof, the application is allowed. The delay in preferring the appeal is condoned so that the appeal can be disposed off and the mater can be relegated to the trial Court. 5] Appeal therefore, stands disposed off.

6] It is needless to clarify that the dismissal of the appeal will not have any effect on the decision of the suit and the suit will be decided on it's own merits.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2