In this condonation application, the High Court of Bombay allowed the Municipal Corporation of Greater Mumbai to file an appeal fixing rateable value, considering their status as a public body and the time lost seeking legal and administrative advice.
The civil application for condonation of delay was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sequeira
1 14 CAF 3538-16 in FAst 14638-16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 3538 OF 2016 (Condonation of delay) IN
FIRST APPEAL (Stamp) NO. 14638 OF 2016
Municipal Corporation of Greater Mumbai and others Vs K.Mahadev & Co. Pvt. Ltd.
.. Applicants .. Respondent
Ms.Madhuri Mone i/b Nasir Shaikh, for Applicants. Mr.S.K.Chinchalikar i/b Pradip Kadam, for the Respondent.
Coram : N.M.Jamdar, J. Date : 11 February 2019.
P.C.:
This is an application filed by the Municipal Corporation of Greater Mumbai, seeking condonation of delay in filing First Appeal challenging the order passed by the Small Causes Court, Mumbai, fixing Rateable Value of the suit premises. Appearance is entered on behalf of the Respondent.
2 14 CAF 3538-16 in FAst 14638-16.doc
submissions made in the Application. The Applicants have stated that after the certified copy was received the matter was placed before the Legal department for taking advice and opinion. Thereafter the matter was forwarded to the Deputy Commissioner, Mumbai and in this process some time was lost. Considering the subject matter and that the Applicant is a public body, I am of the opinion that the delay in filing the first Appeal requires to be condoned. Accordingly Civil Application is allowed.
N.M.Jamdar, J.
1 issue framed by the court
Whether delay in filing first appeal challenging order fixing rateable value should be condoned for a public body.
Municipal Corporation of Greater Mumbai and others
K. Mahadev & Co. Pvt. Ltd.
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
