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Bombay High CourtIA/10965/2024disposed off

Executive Engineer Tr City, Municipal Corporation Of Greater Mumbai v. Smt. Kalpana Rajendra Roka And ORS.

2025-03-11Hon'Ble Shri Justice Shyam C. Chandak2 pages

WAKLE MANOJ JANARDHAN Manoj 12-FA(ST)-1865-2024.doc WAKLE MANOJ JANARDHAN Date: 2025.03.17 09:42:04 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10965 OF 2024 IN FIRST APPEAL (ST) NO.1865 OF 2024 Executive Engineer TR City Municipal Corporation of Greater Mumbai ...Applicant Vs.

Smt. Kalpana Rajendra Roka & Ors.

...Respondents

WITH INTERIM APPLICATION NO.10966 OF 2024 IN FIRST APPEAL (ST) NO.1865 OF 2024 Executive Engineer TR City Municipal Corporation of Greater Mumbai ...Applicant Vs.

Smt. Kalpana Rajendra Roka & Ors.

...Respondents

WITH FIRST APPEAL (ST) NO.1865 OF 2024 Executive Engineer TR City Municipal Corporation of Greater Mumbai ...Appellant Vs.

Smt. Kalpana Rajendra Roka & Ors.

...Respondents

Mr. Drupad Patil a/w Adv. Vidya Vyavhare i/by Adv. Komal Panjabi, for the Appellant/Applicant- BMC.

Mr. T. J. Mendon, for the Respondents.

Mr. Shailesh K. Mhatre, Executive Engineer, present. CORAM : SHYAM C. CHANDAK, J.

DATED : 11th MARCH, 2025 P.C. :- INTERIM APPLICATION NO.10965 OF 2024 .

Considering the reasons stated in the Application and submission by the learned Advocate Mr. Mendon that, the Applicant has a good case on merits, the aforesaid Application is allowed. 1/2

Manoj 12-FA(ST)-1865-2024.doc 2) The delay of 144 days in filing the Appeal is condoned. 3) Appeal be registered forthwith.

INTERIM APPLICATION NO.10966 OF 2024 .

The learned Advocate for the Applicant, on instructions and in presence of Mr.Shailesh Mhatre, Executive Engineer of the Applicant, stated that, the Applicant will deposit the entire award/decreetal amount alongwith accrued interest till date in the Tribunal, within four weeks from today.

2) In view thereof, there shall be ad-interim stay in terms of prayer Clause (a) till next date.

3) On deposit of the amount, the learned Advocate for the Applicant to inform the learned Advocate for the Respondents/Claimants. 4) Stand over to 16th April, 2025.

FIRST APPEAL (ST) NO.1865 OF 2024 .

Issue notice to the Respondents, returnable forthwith. 2) The learned Advocate Mr. Mendon, waives notice on behalf of the Respondents.

3) The learned Advocate for the parties submitted that, considering the issues involved, the Appeal may be taken up for final hearing and, they undertake to file Compilation of Documents. (SHYAM C. CHANDAK, J.) 2/2