Bank Of Baroda v. The Mumbai Municipal Corporation And ANR.
43 ia 211- - 2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2110 OF 2024 IN FIRST APPEAL st. NO. 29749 OF 2023 Bank of Baroda.
...Appellant.
Versus
MCGM and Another.
...Respondents.
------ Mr. Anant Bamne i/b A. R. Bamne & Co., for the Appellant. Ms. Pallavi Khare for the Respondent-Corporation. ------ Coram : Sharmila U. Deshmukh, J.
Date : July 8, 2024.
P. C. :
1.
Interim application has been filed seeking condonation of delay of 99 days caused in filing the present appeal. 2.
Learned counsel appearing for the Appellant submits that the the Appellant is a banking institution and certain approvals and sanctions were required to be taken before an appeal could have been filed. He submits that after receiving necessary permission from the Zonal Office, the Regional Office of the bank took decision to file appeal against the impugned judgment and the said decision was intimated to the Appellant branch on 12th October 2023 and as such there is delay of 99 days caused in preferring the present appeal. Patil-SR 1 of
43 ia 211- - 2024.doc 3.
Learned counsel appearing for the Respondent No.1-MCGM objects to the condonation of delay and submits that there is no sufficient explanation tendered for condonation of delay. 4.
It is well known that in case of a corporate body and especially in case of banking institutions and statutory authorities, before a challenge is taken to any judgment or order, necessary permissions and approvals are required to be obtained. In the present case, the pleadings in the application set out in detail the sequence of events by which the permission was sought and by which they were obtained. As such the application sets out the sufficient explanation for delay of 99 days and the same deserves to be condoned.
5.
Delay of 99 days caused in filing the appeal stands condoned. Application is allowed. List the appeal for admission on 30th July 2024. [Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 11/07/2024 17:40:05