Utsav Prakash Bafna And ANR v. Municipal Corporation Of Gr.Mumbai And 4 ORS

bipin prithiani 1-ia-1072.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1072 OF 2023 IN WRIT PETITION (ST) NO. 678 OF 2020 Utsav Prakash Bafna & Anr.

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Applicants

Versus

Municipal Corporation of Gr. Mumbai & Ors.

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Respondents ****** Nishta Malik a/w Bijal Soni for the Applicants. Mr. Kunal Waghmare for the Respondent-MCGM.

****** CORAM: G. S. KULKARNI & R. N. LADDHA, JJ.

DATE : 16th MARCH, 2023 P.C. :- .

Heard learned counsel for the applicant and learned counsel for the respondent-Municipal Corporation.

2.

Respondent nos. 3 to 5 were permitted to be served by an order dated 10 March 2023 passed by this Court and an affidavit of service to that effect was ordered to be placed on record. Consequent thereto, an affidavit of service is placed on record. 3.

The prayer in the application is for restoration of the above writ petition, which came to be dismissed for non removal of office objections.

bipin prithiani 1-ia-1072.23.doc 4.

We have perused the averments as made in the application. We are inclined to allow the application, keeping in mind the interest of justice, the application is accordingly allowed in terms of prayer clauses (a), (b) and (c).

5.

Amendment be carried out within two weeks from today and the copy of the amended petition be served on all the respondents. 6.

Interim application is disposed of in above terms. No costs. [R. N. LADDHA, J.] [G. S. KULKARNI, J.] BIPIN DHARMENDER PRITHIANI Date: 2023.03.17 11:12:47 +0530 BIPIN DHARMENDER PRITHIANI