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Bombay High CourtCA/7623/2018disposed offdismissed for default

Municipal Corporation Jalgaon Through Its Commissioner Jalgaon v. Tapi Prestressed Product Ltd Through Its Authorized Representative Dipesh Motilal Kotecha

2018-06-29Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7623 OF 2018 IN WRIT PETITION NO. 2394 OF 2018 MUNICIPAL CORPORATION JALGAON

VERSUS

TAPI PRESTRESSED PRODUCT LTD.

...

Advocate for Applicant : Shri Patil Pradip R. Advocate for Respondents : Shri Jadhav M.M. h/f Shri Shah S.P. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: June 29, 2018 ...

PER COURT :- 1.

By this application, the Municipal Corporation, Jalgaon seeks an extension of time by three months from the date of judgment of this Court which is 13.3.2018, to deposit the money in the trial Court. 2.

Learned counsel for the non-applicant points out the observations of this Court in it's judgment wherein, the conduct of the Municipal Corporation in neglecting recovery suits of crores of rupees, thereby benefiting the plaintiffs, has been recorded. He, therefore, submits that it is the Corporation which is delaying the matter. 3.

Shri Patil submits that the new Commissioner has taken charge only a week ago and earlier, the Collector was in charge of this Municipal Corporation.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - CIVIL APPLICATION NO. 7623 OF 2018 4.

Considering the above, this Civil Application is allowed and the time is extended upto 3.7.2018 to deposit the said amount. Besides the same, the Jr. Engineer, namely, Shri Yogesh Borole, who is in-charge of such litigation, shall deposit an amount of Rs.3,000/- from his own salary account and not from the account of the Corporation, in the trial Court, on/or before 6.7.2018.

5.

Learned counsel for the petitioner graciously submits that a copy of the judgment dated 13.3.2018 and this order shall be personally transmitted to the new Commissioner of the Jalgaon Municipal Corporation.

6.

Learned counsel for the petitioner submits that the total amount of Rs.8,000/- be donated to District Legal Aid Services, Jalgaon. Request is accepted.

( RAVINDRA V. GHUGE, J. ) ...

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