Mr. Zahid Hussain Baloch v. Municipal Corporation Of Greater Mumbai Thr. Asst. Engineer/Do(B And F)K-Ward

45-IA135752023INAO839-2022.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13575 OF 2023 SANTOSH SUBHASH KULKARNI IN APPEAL FROM ORDER NO. 839 OF 2022 SANTOSH SUBHASH KULKARNI Date: 2023.07.24 12:44:38 +0530 Zahid Hussain Baloch ...Applicant In the matter between Zahid Hussain Baloch ...Appellant

Versus

Municipal Corporation of Greater Mumbai

...Respondent

Mr. D. R. Singh, i/b S. H. Singh, for the Appellant. Ms. Druti Kapadia, for the MCGM/Respondent.

CORAM:

N. J. JAMADAR, J.

DATED :

19th JULY, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

This application is preferred to set aside the order of dismissal of appeal dated 7th June, 2023, passed by this Court for want of appearance of the appellant. It is true the appellant has not appeared on a couple of dates and, therefore, the Court was constrained to pass the order of dismissal of the appeal for want of prosecution. In the application, the applicant has ascribed certain reasons for non-appearance. In any event, it serves cause of public justice to decide the matter on merits rather than dismissing the appeal for want of prosecution. 1/2

45-IA135752023INAO839-2022.DOC 3.

The application thus stands allowed subject to payment of costs of Rs.10,000/- to the Maharashtra State Legal Services Authority, within a period of two weeks.

4.

Appeal and interim application stand restored. 5.

Appeal and interim application be listed on 9th August, 2023.

6.

Ad-interim relief granted by this Court, by an order dated 25th August, 2022, shall continue to operate till next date. [N. J. JAMADAR, J.] 2/2