The Municipal Corporation Of Greater Mumbai Through The General Manager, v. Paras Hasmukhbhai Motani And ORS.

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19606 OF 2022 IN FIRST APPEAL (ST.) NO. 17518 OF 2022 The Municipal Corporation of Greater Mumbai ...Applicant

Versus

Mr. Paras Hasmukhbhai Motani & Ors.

...Respondents

---------- Mrs. Karishma Jhaveri i/by Navdeep Vora & Associates for the Applicant.

---------- CORAM : R.I. CHAGLA J DATE : 29 November 2022 ORDER :

1.

Heard learned Advocate appearing for the Applicant. 2.

The papers and proceedings have been served on the Respondents.

3.

The matter has come up on two occasions. On 14th November 2022, this Court was informed that the settlement talks 1/3

are in progress. The matter was thereafter, stood over on 28th November 2022 and then 29th November 2022.

4.

Learned Advocate for the Applicant states that the matter is likely to be settled.

5.

Interim Application has been taken out for condonation of delay of 33 days in filing the present First Appeal challenging the judgment and order dated 16th February 2022 passed by the Member of the Motor Accident Claims Tribunal, Mumbai and for the Appeal to be heard on merits.

6.

I am satisfied with the averments in paragraphs 6 and 7 of the Interim Application that the delay in filing the First Appeal has been satisfactorily explained as being due to the obtaining of approval of various authorities as well as considering the financial implications and other modalities.

7.

In view thereof, relief sought for in the Interim Application requires to be granted. Hence, the following order is passed. :- 2/3

(i) Delay of 33 days in filing the First Appeal challenging the judgment and order dated 16th February 2022 passed by the Member of the Motor Accident Claims Tribunal, Mumbai is condoned.

(ii) Interim Application is accordingly, disposed of. [R.I. CHAGLA J.] 3/3