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Bombay High CourtIA/7972/2025disposed off

M/S. Jarakahi Automobiles Pvt. Ltd.B v. Municipal Corporation For Greater Mumbai Thr. Its Commissioner And ORS.

2025-05-07Hon'Ble Justice Sharmila U. Deshmukh2 pages

10 IA-7972-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7972 OF 2025 IN FIRST APPEAL (St.) NO. 14708 OF 2025 M/s. Jarakahi Automobiles Pvt. Ltd.

...Applicant

Versus

Municipal Corporation for Greater Mumbai and Others

...Respondents

------ Mr. Prathamesh Bhargude for Appellant.

Mr. Ashish Gatagat, Ms. Archana Gupta for Respondent No. 3. ------ Coram : Sharmila U. Deshmukh, J.

Date : 7th May, 2025.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 51 days caused in preferring the First Appeal. It is pointed out by learned counsel for Respondent No. 3 that delay is of 99 days in view of Section 15 of Bombay City Civil Court Act, 1948 which provides for limitation of 30 days and not 90 days.

2.

The reason stated in the Application is that after the impugned judgment was passed, Advocate who was handling the matter expressed his inability to continue with the matter and therefore, time was consumed to brief the new counsel for litigation and drafting of Appeal.

Sairaj 1 of

10 IA-7972-2025.doc 3.

Learned counsel appearing for Respondent No. 3 fairly does not oppose the Application in view of short duration of delay. 4.

For the reasons stated, delay stands condoned. Interim Application is allowed.

5.

List the First Appeal for 'Admission' on 23rd June, 2025. [Sharmila U. Deshmukh, J.] Sairaj 2 of