Municipal Corporation Of Greater Bombay And ANR. v. Coal Dongari (Andheri) Co. Operative Housing Society Limited @ Kol Dongari Co. Op. Hou. Soc. Ltd.

106 Ia-3410-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3410 OF 2025 IN FIRST APPEAL st. NO. 7431 OF 2023 Municipal Corporation of Greater Mumbai ...Appellant.

Versus

Coal Dongari (Andheri) CHS Ltd.

...Respondent.

------ Mr. R. Bhagwat for the Appellant-Corporation. ------ Coram : Sharmila U. Deshmukh, J.

Date : March 13, 2025.

P. C. :

1.

Interim Application has been preferred seeking recall of the order dated 19th March 2024 passed by the Registrar (Judicial-II) dismissing the Appeal for non supply of copies and for condonation of delay of 292 days caused in filing the Application. 2.

Learned Counsel appearing for Appellant-Corporation submits that due to oversight copies could not be supplied in the Registry by reason of which the conditional order came into effect and the Appeal came to be rejected.

3.

It is specifically pleaded in the Application that due to intervening elections, the staff of Legal Department was engaged in election duty and therefore could not comply with the order passed by Patil-SR 1 of

106 Ia-3410-2025.doc the Registrar (Judicial-II) by reason of which the registration of First Appeal came to be rejected.

4.

As the reasons are sufficient for recall of the order, order of 19th March 2024 is hereby recalled by condoning the delay of 292 days caused in filing the Application. First Appeal is restored to the file subject to removal of office objections within a period of three weeks from today.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 17/03/2025 20:31:00