Nirmala L. Shah v. Municipal Corporation Of Greater Mumbai And ANR.

osrpwl80.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L)NO.80 OF 2018 in WRIT PETITION NO.1027 OF 2011 Smt.Nirmala L. Shah

...Petitioner

vs.

Municipal Corporation of Greater Mumbai & Anr.

...Respondents

Ms Priti S. Shah for the Petitioner Mr.Sagar Patil for the Respondent.

CORAM : A.S.OKA, & A.S.GADKARI,JJ DATE : MARCH 8, 2019 P.C.

On 28th January 2019, notice for final disposal was issued. The learned counsel for the respondent opposed the prayer for recall of the order dated 1st February 2018 passed in Writ Petition No.1027 of 2011. The said order disposing of the Writ Petition filed by the Review Petitioner was passed in absence of the Advocate for the Review Petitioner. The reasons for her absence are set out in paragraph 3 of the Review Petition. Only on the ground that the order dated 1st February 2018 was passed in absence of the Advocate for the petitioner, considering the peculiar facts of the case and only with a view to give one more opportunity to prosecute the Writ Petition that we are recalling the order dated 1st

osrpwl80.doc February 2018.

Accordingly, we pass the following order:

(I) The order dated 1st February 2018 confined to Writ Petition No.1027 of 2011 is hereby recalled and the Writ Petition No.1027 of 2011 stands restored which shall be placed before the appropriate Bench;

(II) We make it clear that the order dated 1st February 2018s in so far as Writ petition No.1024 of 2010 is maintained;

(III) Review Petition is disposed of on above terms.

(A.S.GADKARI,J.) (A.S.OKA,J.)