The Commissioner, Jalgaon Municipal Corporation Jalgaon And ANR v. Dnyandeo Waman Naik And ORS

( 1 ) ca14881.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14881 OF 2016 IN FAST/6606/2016 THE COMMISSIONER, JALGAON MUNICIPAL CORPORATION JALGAON AND ANR

VERSUS

DNYANDEO WAMAN NAIK AND ORS Mr.Vikas Kudale, Advocate h/f Mr.V.D.Gunale, Advocate for the applicant CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

07.06.2018 P.C. :- .

Heard Mr.Vikas Kudale, Advocate h/f Mr.V.D.Gunale, Advocate for the applicant.

2.

He submitted that the applicants have preferred First Appeal alongwith an application seeking condonation of delay. Learned counsel appearing for the applicants submits that the group of appeals was posted before the learned Registrar (Judicial) by order dated 19.07.2016. The registration of appeal was refused for non removal of office objection. He submits that though time was granted to the applicants, the applicants could not remove office objection due to oversight, the applicant could not mark the matter as such the objection remain to be removed.

( 2 ) ca14881.16 Learned counsel appearing for the applicant submits that the objections are minor in nature and needs two weeks time to remove the office objection. He submitted that the applicant is public body namely Jalgaon Municipal Corporation. Refusal of registration on technical ground may cause serious prejudice to the appellant. 3.

In view of the submissions of the learned counsel appearing for the applicant, the application is allowed in terms of prayer clause-B subject to removal of office objection within two weeks from today. 4.

If the office objections are removed and if appeal is registered, Office to issue notice to the respondents on the application seeking condonation of delay, returnable after four weeks i.e. 05.07.2018. [S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/ca14881.16