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Bombay High CourtCAW/3007/2016allowed

The Municipal Corporation Of Greater Mumbai And ORS. v. Municipal Karmachari Sangh, Mumbai And ORS.

2022-06-10Hon'Ble Shri Justice Madhav J. Jamdar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3007 OF 2016 IN WRIT PETITION (ST) NO. 24623 OF 2015 IN REJECTED CASE NO. 1786 OF 2016 The Municipal Corporation of ...Applicants Greater Mumbai & Ors.

V/s.

Municipal Karmachari Sangh,

...Respondents

Mumbai & Ors.

Mr. Om Suryavanshi, for the Applicants.

None for the Respondents.

CORAM : MADHAV J. JAMDAR, J.

DATED : 10th June, 2022 P.C. :

1.

The Applicants have prayed for restoration of the Writ Petition and that the Applicants be permitted to comply with the order dated 12th April, 2016 by extending time to comply to remove the office objections.

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Mr. Om Suryawanshi, learned counsel appearing for the Applicants states that, by conditional order dated 12th April, 2016 passed by learned Registrar (Judicial-I) in the writ Petition, four weeks time was granted to remove office objections failing which the Writ Petition was directed to be dismissed. He submits that, for some administrative difficulties, office objections could not be removed within time and therefore, the Writ Petition was dismissed by said conditional order.

3.

This Court has issued Rule on this Civil Application and made the same, returnable after 8 weeks by order dated 06th December, 2016.

4.

The office noting shows that the Respondent No. 1 to 3 are duly served. However, none appears for the Respondents. The Respondents have not filed affidavit in reply. Therefore, the contentions raised in Civil Application have remained un-controverted 5.

For the reasons set out in Civil Application, the same is allowed in terms of prayer clause (a) and (b). The Writ Petition is

3/3 restored to file. The Petitioner to remove office objections within a period of four weeks from today.

6.

The Civil Application is disposed of in aforesaid terms. (MADHAV J. JAMDAR, J)