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Bombay High CourtCA/13491/2013admittedallowedgrantedrule absolute

Kachardas Tejmal Lalwani v. Chief Officer, Shrirampur Municipal Council

2015-03-19Hon'Ble Shri Justice Ravindra V. Ghuge1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13491 OF 2013 IN SAST/20698/2013 KACHARDAS TEJMAL LALWANI

VERSUS

CHIEF OFFICER, SHRIRAMPUR MUNICIPAL COUNCIL ...

Advocate for Applicant : Shri Phule A.M.h/f Shri Kulkarni S.S. Advocate for Respondent : Shri Bedre Vinayak Sudhakar ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: March 19, 2015 ...

PER COURT :- 1.

The applicant prays for condonation of 13 days delay, caused in lodging the Second Appeal. The applicant is about 83 years old today. Circumstances, which prevented him from lodging the Second Appeal within limitation are set out in paragraph Nos.2 and 3 of the application. 2.

Learned Advocate for the respondent opposes the application on the ground that the reasons cited do not support the request for seeking condonation of delay.

3.

In the light of the above, this Civil Application is allowed. Delay of 13 days in lodging the Second Appeal is condoned. The applicant shall deposit costs of Rs.1,000/- in this Court within a period of four weeks and the respondent is at liberty to withdraw the same. Upon depositing costs, the Second Appeal be registered.

4.

Needless to state, in the event of non-compliance, this order shall stand recalled and the Civil Application shall stand rejected. ( RAVINDRA V. GHUGE, J. ) ...

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