Mrs. Vidya Bhojwani And ANR v. The Municipal Corporation Of Greater Mumbai, Through Executive Engineer And ORS

5.CAAST.20387.18 in AO.625.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO. 20387 OF 2018 IN APPEAL FROM ORDER NO. 625 OF 2015 Vidya Bhojwani & Anr.

... Appellants/Applicants V/s.

The Municipal Corporation of Gr. Mumbai & Ors.

... Respondents Ms. Amita Band & Mr. Sushant Limbole i/b Mr. A.M. Gokhale for the Appellants/Applicants.

Mrs. Manisha Bhoir for Respondent No.1-B.M.C. CORAM :

K.K. SONAWANE, J.

DATE :

9th AUGUST, 2018.

P.C. :

Heard learned Counsel for the appellants-applicants. Perused the application and the other relevant documents produced on record. This Court under order dated 09.02.2018 (Coram : Mrs. Mridula Bhatkar, J.) observed the absence on the part of the Appellant and dismissed the proceeding of Appeal From Order No. 625 of 2015. The applicants are seeking relief to get the proceeding restore at its original stage by setting aside dismissal order.

Waghmare 1/2

5.CAAST.20387.18 in AO.625.15.doc In view of nature of the subject matter and the reason mentioned in the Application, I do not find any impediment to grant one more opportunity to the Appellants/Applicants for substantial justice into the matter. Hence, Application deserves to be allowed. In sequel, the application stands allowed in terms of prayer clauses (a) and (b). The impugned order passed by this Court dated 09.02.2018 for dismissal of Appeal is hereby recalled. The proceeding of the Appeal from Order No. 625 of 2015 be restored at its original stage. Registry to take requisite step for further process. Accordingly, Civil Application stands disposed of.

(K.K. SONAWANE, J.) by Waishali Sushil Waghmare Date:

2018.08.14 18:43:45 +0530 Waishali Sushil Waghmare Waghmare 2/2