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Bombay High CourtIA/12277/2024allowed

Shri Jignesh Mavji Dedhia v. The Municipal Corporation Of Greater Mumbai And ANR.

2024-09-02Hon'Ble Justice Sharmila U. Deshmukh1 pages

2024:BHC-AS:35448 60----IA(ST)-12277-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12277 OF 2024.

IN FIRST APPEAL (ST) NO.

17401 OF 2024.

Shri Jignesh Mavji Dedhia ...Applicant Appellant.

Versus

The Municipal Corporation Of Greater Mumbai And Anr.

...Respondents.

------ Mr. D. D. Singh a/w. D. K. Shukla and Mr. Shivam Singh for the ApplicantAppellant. Ms. Vidya Vyavhare for the Respondent-Corporation. ------ Coram : Sharmila U. Deshmukh, J.

Date : 2nd September, 2024.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 50 days caused in preferring the First Appeal. 2.

Learned counsel for the Applicant submits that as immediate instructions could not be given to the concerned advocate by the plaintiff after the suit came to be dismissed, there is delay of 50 days. 3.

Learned counsel for the respondent-Corporation submits that there is no sufficient explanation for the delay of 50 days. 4.

Considering the reasons which has been given in paragraph Nos.2 and 3 of the Interim Application, delay of 50 days deserves to be condoned. Interim Application is allowed.

[Sharmila U. Deshmukh, J.] rsk 1 of Signed by: Rajeshwari S. Karve Designation: PA To Honourable Judge Date: 04/09/2024 12:13:46