Mrs. Sharmista Govindlal Mody v. The Municipal Corporation Of Gerater

501 AO 970 OF 2015.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) 26655 of 2018 IN CIVIL APPLICTION NO.1187 OF 2015 IN APPEAL FROM ORDER NO.970 OF 2015 Sharmista Govindlal Mody ...

Applicant V/s.

The Municipal Corporation of ...

Respondents Mr. Jitendra J. Shah, for the the appellant. Mrs. Madhuri More, for the Respondents.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 14th SEPTEMBER, 2018.

P.C. :

1] Not on board.

2] Upon mentioning, taken on today's board.

3] Heard learned counsel for the applicant and respondent. 4] This application is filed for restoration of the Appeal, on the ground that it came to be dismissed for default on 06.08.2018. The order passed by this Court, clearly goes to show that the appellant was absent on 23.07.2018 and the matter was adjourned only as a last chance to 06.08.2018 and on that day, as no one was present and as a result finding that even the order of ad-interim was 1/2

501 AO 970 OF 2015.odt not got extended from several dates, the appeal came to be dismissed for default.

5] In such situation, no case is made out for restoration of the Appeal or even for restoration of ad-interim relief granted. Therefore, this application is dismissed.

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