Interim application in a first appeal where BMC sought to amend to elaborate delay in filing the appeal. Draft amendment taken on record as Exhibit X; hearing on power to condone delay continued.
Draft amendment taken on record as Exhibit X; amendment to be carried out within one week.
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.
1.i.a13256.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.13256 OF 2024 IN FIRST APPEAL(L)NO.25983 OF 2024
Brihanmumbai Municipal Corporation
.. Applicant
Versus
Anusaya Sitaram Devrukhkar & Ors
.. Respondents
Mr.Girish Godbole, Senior Advocate , with Vidya Vyavahare, Soman, Advocates for the Appellant /Applicant in FA(ST)No.25983/24.
ANJALITUSHAR Digitally signed byANJALI TUSHARASWALEDate: 2024.10.15 ASWALE 20:48:14 +0530
Mr.Anoshak Daver , with Mr.Rahul Lathi i/b Nikhil Mengde, Burjis Doctor, Sahil Salunkhe, Advocates for Respondent Nos.1,7 to 11.
Mr.Anuj Desai with Dhrumil C. Shah i/b Lex Service, Advocates for Respondent No.8.
CORAM: B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ. DATE: OCTOBER 14, 2024
P. C.
the Appellant/Applicant tenders a draft amendment to the above Interim Application. Basically, what the amendment seeks to do is to explain more elaborately the delay in filing the above Appeal. Though, we, at the out set,
Page 1 of 2 OCTOBER 14, 2024
Aswale
1.i.a13256.24.doc
are considering whether we have the power to condone the delay at all, in the event we do hold that the power is there to condone the delay, these amendments would become necessary.
[SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.]
Page 2 of 2 OCTOBER 14, 2024
Aswale
1 issue framed by the court
Whether the court has power to condone the delay in filing the appeal, with an amendment explaining the delay permitted.
Brihanmumbai Municipal Corporation
Anusaya Sitaram Devrukhkar
B. P. Colabawalla
Somasekhar Sundaresan
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
