Borivali Nand Dham Co-Operative Housing Society Ltd.,Mumbai And ORS. v. Municipal Corporation Of Greater Mumbai And ANR.

JAYARAJAN ANJAKULATH NAIR Date: 2022.04.01 10:41:11 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 27 IA-1717.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1717 OF 2022 IN FIRST APPEAL NO.457 OF 2017 Borivali Nand Dham Co-operative Housing Society Ltd., Mumbai & Ors.

] ] ... Applicants Vs.

Municipal Corporation of Greater Mumbai & Anr.

] ] ... Respondents ...

Mr. Jitendra G. Damani with Ms. Manasi C. Pandit for the applicants.

Mr. Santosh Parad for respondent No.1-MCGM.

Mr. Sangram Jain i/b Law Charter for respondent Nos.2 to 4. Mr. Sukeshi Bhandari for respondent No.88.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 30TH MARCH, 2022.

P.C. :- 1.

On 25/04/2017, while condoning the delay in first appeal, this court had specifically recorded that the hearing of the first AJN

2/2 27 IA-1717.22.odt appeal be expedited and the parties are at liberty to mention the first appeal after the ensuing summer vacation to have a suitable date fixed for hearing of the first appeal.

2.

The appellants were directed to file private paper-book containing papers and proceedings of the court below within six weeks. This direction has been complied with the Corporation. 3.

In the wake of the above, the present application seeks expeditious disposal of the first appeal within a time schedule of six months.

4.

By consent of the parties, let the appeal be listed for hearing peremptorily on 27/06/2022.

5.

All the parties are put to notice that the appeal shall be taken up for hearing preferably on the same day. As far as prayer clauses (b), (c) and (d) are concerned, the same cannot be granted at this stage, but if the appeal is not heard on that day, the applicants will be at liberty to press for these reliefs. 6.

Interim application is allowed in the above terms. [SMT. BHARATI DANGRE, J.] AJN