← Library
Bombay High CourtCAF/4002/2016

Mr. Purushottam M. Patel v. The Municipal Cororation Of Gr. Mumbai

2018-12-19Hon'Ble Shri Justice A.S. Chandurkar2 pages

12.ca.4000.2016.fa.1243.2009.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4002 OF 2016 IN FIRST APPEAL NO. 1243 OF 2009 Purushottam N. Patel .. Applicant Vs.

The Municipal Corporation of Greater Mumbai .. Respondent WITH CIVIL APPLICATION NO. 4000 OF 2016 IN FIRST APPEAL NO. 1238 OF 2009 Purushottam N. Patel .. Applicant Vs.

The Municipal Corporation of Greater Mumbai .. Respondent Ms.Aditi Naikare, Advocate I/b Mr.Pradeep J. Thorat, Advocate for applicant/appellant.

Ms.Oorja Dhond, Advocate for MCGM.

CORAM : A.S. CHANDURKAR, J.

DATE : 19TH DECEMBER 2018 P.C.

CIVIL APPLICATION NO. 4000 OF 2016 The prayer is to restore the first appeal which was dismissed for failure to file private paper-book. The reasons mentioned for dismissal are stated in paragraphs 3 and 4 of the application. The prayer as made is opposed by the learned counsel for the respondent. Shraddha Talekar PS 1/2

12.ca.4000.2016.fa.1243.2009.doc Considering the fact that the appeal was dismissed on account of failure to file private paper-book, an adjudication on merits is warranted. Hence, the civil application is allowed in terms of prayer clauses (a) and (b) and accordingly disposed of. The first appeal is restored to file. Paperbook be filed within a period of four weeks from today with copy being served on the other side.

CIVIL APPLICATION NO. 4002 OF 2016 The prayer is to restore the first appeal which was dismissed for failure to file private paper-book. The reasons mentioned for the dismissal are stated in paragraphs 3 and 4 of the application. The prayer as made is opposed by the learned counsel for the respondent. Considering the fact that the appeal was dismissed on account of failure to file private paper-book, an adjudication on merits is warranted. Hence, the civil application is allowed in terms of prayer clauses (a) and (b) and accordingly disposed of. The first appeal is restored to file. Paperbook be filed within a period of four weeks from today with copy being served on the other side.

(A.S. CHANDURKAR, J.) Shraddha Talekar PS 2/2