Om Sai Cancer Residence Thr. Mr. Binoy Gupta v. The Municipal Corporation Of Greater Mumbai And Another

P3.IAST.33750.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST.) NO.33750 OF 2025 IN APPEAL FROM ORDER NO.85 OF 2025 Om Sai Cancer Residence .. Applicant

Versus

The Municipal Corporation of Greater Mumbai and Anr.

Respondents ....................

 Mr. Surel Shah, Senior Advocate a/w. Mr. Rushikesh S. Kekane for Applicant.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 13, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 13.10.2025. Perused the praecipe.

2.

Heard Mr. Shah, learned Senior Advocate for Petitioner. 3.

Notice of today's hearing has been given to the Corporation. Appellant namely Plaintiff before Trial Court granted interim relief after recording its undertaking in the order dated 22.04.2025. 4.

Mr. Shah, persuades the Court that due to certain exigency they may require some more time to comply with undertaking which has been recorded and filed in the Court.

5.

He would therefore persuade the Court to extend the time limit in order dated 22.04.2025.

P3.IAST.33750.2025.doc 6.

In view of undertaking, the impugned notice was directed to be withheld until 22.10.2022.

7.

However in view of exigency which is mentioned in the praecipe and submissions made by Mr. Shah, I am inclined to extend the said time frame upto a further period of eight weeks from 22.10.2025.

8.

Needless to state that no further extension will be granted and undertaking given to the Court shall be complied with by Plaintiff as recorded by the Court in order dated 22.04.2025. 9.

Copy of this order shall be served on Corporation by Advocate for Plaintiff.

10.

Praecipe is disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.10.13 18:32:20 +0530 HARSHADA HANUMANT SAWANT