Bank Of Baroda v. The Municipal Corporation Of Greater Bombay

10 caf1248-14.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1248 OF 2014 IN FIRST APPEAL (ST.) NO.36218 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Anant B. Shinde i/b M/s.Anant B. Shinde and Co. for the applicant Ms.Madhuri More for the BMC CORAM : K. K. TATED, J DATE : APRIL 15, 2019 P.C.:

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Heard the learned counsel for the parties.

By this Civil Application, Applicant is seeking condonation of 322 days delay in filing First Appeal challenging the judgment and decree dated 15.9.2012 passed by Small Causes Court at Bombay in Municipal Appeal No.94 of 2001.

Though Respondent nos.2 and 3 are duly served, no one appeared on behalf of them Mohite 1/2

10 caf1248-14.doc when the matter was called out.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) the delay of 322 days in filing the present First Appeal be condoned and the Appeal be placed for admission."

B) Delay in filing First Appeal is condoned.

C) Civil application stands disposed off accordingly.

D) No order as to costs.

(K.K.TATED, J.) Mohite 2/2