Bombay High CourtNMW/95/2015disposed off

Nilesh Mohanlal Doshi v. The Municipal Commisioner, Mumbai Municipal Corporation And 3 ORS.

2015-03-27Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice A.P. Bhangale2 pages

ash nmw-95.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.95 OF 2015 IN PUBLIC INTEREST LITIGATION NO. 83 OF 2012 Nitesh Mohanlal Doshi.

Applicant In the matter of :

Nitesh Mohanlal Doshi.

Petitioner Vs The Municipal Commissioner, Mumbai Municipal Corporation and Ors.

Respondents - Shri Arvind Pandey i/by Rakesh K. Agrawal for the Petitioner. Shri A.Y. Sakhare, Senior Counsel along with Ms. Trupti Puranik for the Respondent Nos.1 and 3.

Shri Deepen Dixit along with Shri Prashant Kamble and Shri Ashish Kamat i/by Kartikeya & Associates for the Respondent No.4. - CORAM :

A.S. OKA & A.P.BHANGALE, JJ DATED : 27TH MARCH 2015 P.C.

Heard learned counsel appearing for the Applicant. The learned senior counsel appearing for the first and third Respondents and the learned counsel appearing for the fourth Respondent. 2.

The learned counsel appearing for the Applicant makes a limited prayer seeking extension of time to carry out amendment in terms of the order dated 12th December 2014. He invited our attention to the averments made in Paragraph 8 of the affidavit in support. The

ash nmw-95.15 Fourth Respondent is opposing the prayer. Reply is taken on record. We find that the averments made in Paragraph 8 of the affidavit in support of the Notice of Motion have not been denied. In view of what is stated in Paragraph 8 of the affidavit in support, we dispose of the Notice of Motion by passing the following order. ORDER :

(a) Time to carry out amendment in terms of the order dated 12th December 2014 in Public Interest Litigation No.83 of 2012 is extended by way of last chance by a period of three weeks from today. No further extension shall be granted;

(b) If amendment is not carried out within the extended time, the main PIL shall stand dismissed for nonprosecution without further reference to the Court; (c) There will be no order as to costs.

(A.P.BHANGALE, J) ( A.S. OKA, J )