The Municipal Corporation Of Greater Bombay Thr.Its Secretary And ANR. v. The Indian Hotels Company Limited, Mumbai

Digitally signed by AARTI GAJANAN PALKAR Date:

2024.09.28 13:32:40 +0530 AARTI GAJANAN PALKAR 32.IA.8721.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8721 OF 2024 IN FIRST APPEAL (STAMP) NO.6657 OF 2023 The Municipal Corporation of Greater Bombay Through Its Secretary & Anr.

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Applicants Vs.

The Indian Hotels Company Ltd.

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Respondent Mr. Drupad Patil a/w. Ms Pallavi Khare for the Applicant/BMC in all Applications.

Mr. Karl Tamboly a/w. Rajesh Satpalkar & Devansh Gadda i/b. Mulla & Mulla and Craigie Blunt & Careo for Respondent in all Applications.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE:

SEPTEMBER 25, 2024 P.C.

1.

This Application seeking condonation of delay of five years and nine months raises same issues that arose in three other Applications1 for condonation of delay which have been rejected by an order passed today.

2.

The only difference in this First Appeal (Stamp) No.6657 of 2023 is that the impugned judgment is dated September 6, 2017 and the period of delay is of five years and nine months, as opposed to 1 IA/9018/2024 in FA(L)/15584/2023, IA/7168/2024 in FA(L)/16462/2023 & IA/9025/2024 in FA(L)/17081/2023.

25 September, 2024 Aarti Palkar

32.IA.8721.2024.doc other three Appeals where impugned judgment was dated January 13, 2016 and delay was of a period seven years and 101 days. 3.

For the same reasons as articulated in the other order disposing of Applications seeking condonation of delay, this Application too stands rejected and disposed of accordingly. 4.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] 25 September, 2024 Aarti Palkar