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Bombay High CourtIA/13256/2024disposed off

Brihanmumbai Municipal Corporation Through Its Municipal Commissioner v. Anusaya Sitaram Devrukhkar And ORS.

2024-10-14Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

1.i.a13256.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13256 OF 2024 IN FIRST APPEAL(L)NO.25983 OF 2024 Brihanmumbai Municipal Corporation .. Applicant

Versus

Anusaya Sitaram Devrukhkar & Ors .. Respondents Mr.Girish Godbole, Senior Advocate, with Vidya Vyavahare, Soman, Advocates for the Appellant /Applicant in FA(ST)No.25983/24.

ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2024.10.15 20:48:14 +0530 Mr.Anoshak Daver, with Mr.Rahul Lathi i/b Nikhil Mengde, Burjis Doctor, Sahil Salunkhe, Advocates for Respondent Nos.1,7 to 11.

Mr.Anuj Desai with Dhrumil C. Shah i/b Lex Service, Advocates for Respondent No.8.

CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE:

OCTOBER 14, 2024 P. C.

1.

Mr.Godbole, the learned Senior Counsel appearing on behalf of the Appellant/Applicant tenders a draft amendment to the above Interim Application. Basically, what the amendment seeks to do is to explain more elaborately the delay in filing the above Appeal. Though, we, at the out set, OCTOBER 14, 2024 Aswale

1.i.a13256.24.doc are considering whether we have the power to condone the delay at all, in the event we do hold that the power is there to condone the delay, these amendments would become necessary.

2.

In these circumstances, the draft amendment handed in by Mr.Godbole is taken on record and marked "X" for identification. The amendment shall be carried out within a period of one week from today and the amended copy of the Interim Application shall be served on the advocates for the Respondents.

3.

We make it clear that in the interregnum, we are still proceeding to hear Mr.Godbole on the question as to whether we have the power to condone the delay.

4.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.] OCTOBER 14, 2024 Aswale