The High Court granted an interim order condoning a three-day delay in filing a civil application, allowing the appeal against the Trial Court judgment to be admitted for hearing on merits.
Condonaed a delay of three days in filing the civil application.
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caf-4121-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION
CIVIL APPLICATION NO.4121 OF 2018
IN
FIRST APPEAL (ST.) NO.23125 OF 2018
Suresh Engineering Company Pvt. Ltd.,
v/s.
Municipal Corporation of Greater Bombay
..Applicant.
..Respondent.
Mr. Parag Joshi with Ms. Vedanshi Shah i/b. Bipin Joshi, for the
Applicant.
Mr. Vinod Mahadik, for the Respondent-MCGM.
CORAM: ABHAY AHUJA J. DATED : 4th MARCH, 2020.
P.C:-
Heard the learned Counsel for the Applicant and the
Respondent.
2This Appeal challenges the Judgment of the Trial Court dated
30th June, 2018. This Application is for condonation of delay of three
days. The Applicant has set out the sufficient cause in paragraph 2 of the
Application. I am satisfied that, this delay is to be condoned for the
Appeal to be heard on merits.
3Accordingly, the order in terms of prayer clause (a) of the
Application.
4Copy has already been served upon the learned Counsel for
the Applicant. Accordingly, Advocate for the Respondent-Corporation
waives service.
1 of 2
S.R.JOSHI
caf-4121-2020
5
Place the Appeal for admission on 18th March, 2020.
(ABHAY AHUJA,J.)
2 of 2
S.R.JOSHI
1 issue framed by the court
Whether the delay of three days in filing the civil application is sufficiently explained for condonation to enable the appeal to be heard on merits.
Suresh Engineering Company Pvt. Ltd.
Municipal Corporation of Greater Bombay
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court