Ponda Municipal Council, Thr. Its Chief Officer v. Usha Shanbag And ANR

1 MCA 36 OF 2022.ODT Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 36 OF 2022 IN STAMP NUMBER (MAIN) NO. 44 OF 2020 (F) PONDA MUNICIPAL COUNCIL, THR. ITS CHIEF OFFICER VS USHA SHANBAG AND ANR.

...APPLICANT ...RESPONDENTS Mr. Pranav Vaze, Advocate for the Applicant.

CORAM:

MANISH PITALE, J.

DATED:

3rd MARCH 2022.

P.C.:

1.

These are applications filed on behalf of the Ponda Municipal Council for restoration of First Appeal and for condonation of delay in filing the application for restoration.

2.

A perusal of the record shows that despite the Appeal being listed before the Registrar on as many as five occasions, the office objections were not removed as a consequence of which on 15.03.2019, the learned Registrar granted three weeks time as last chance to the Applicant to remove Office Objections, failing which, the matter was to be treated as refused to be registered before this Court.

3.

The application for restoration is filed after a delay of six months 18 days and it is stated in the application that appropriate steps could not be taken in the matter because the ApplicantMunicipal Council was short of funds and, in the event this Court 3rd March 2022

1 MCA 36 OF 2022.ODT would take up the Appeal for consideration, at least fifty percent of the compensation would have to be arranged.

4.

This Court is not fully convinced with the reason put forth on behalf of the Applicant while seeking restoration of the Appeal and making an attempt to explain why office objections could not be removed.

5.

Yet, only because the Applicant is a public body, this Court is inclined to grant the applications but subject to imposing appropriate costs.

6.

In view of the above, for the reasons stated in the applications, the same are allowed. Consequently, delay is condoned and the Appeal is restored subject to the Applicant removing office objections within four weeks from today and further subject to the Applicant depositing costs of ₹ 10,000/- with the Goa State Legal Services Authority and producing proof of having deposited such costs within a period of four weeks from today.

7.

It is made clear that if the Applicant fails to abide by the aforesaid two conditions, the order passed today shall stand recalled without reference to Court.

MANISH PITALE, J.

3rd March 2022