This interim order allows an amendment to the Memorandum of Appeal and condones a delay of five days in filing it, finding a satisfactory explanation provided. It also directs removal of office objections.
Interim application allowed. Amendment to appeal permitted. Delay of five days condoned.
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.
5-ia-1949-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1949 OF 2024 IN
APPEAL (L) NO.19260 OF 2024 IN SUIT NO.1172 OF 2005
Vikas Kamlakar Walawalkar ..Applicant In the matter between Vikas Kamlakar Walawalkar ..Appellant
Versus
The Deputy Salt Commissioner & Others .. Respondents
Digitally signed by SMITA SMITA RAJNIKANT RAJNIKANT JOSHI JOSHI Date: 2024.07.16 10:35:14 +0530
Adv. Mr. Ziyad Madon with Ms. Sharanya Mahimtura i/b. Mahimtura & Co., for the Applicant/Appellant.
Adv. Mr. R. V. Govilkar, Sr. Advocate with Mr. Gauraj Shah & Shaba Khan, for Respondent Nos. 1 & 2.
Adv. Ms. Pooja Yadav, for MCGM. CORAM: B. P. COLABAWALLA &
FIRDOSH P. POONIWALLA, JJ. DATE: JULY 15, 2024
P. C.
S.R.JOSHI
5-ia-1949-2024.doc
3 The above Interim Application is filed seeking condonation of delay of 5 days in filing the above Appeal.
in terms of prayer clause (a) which reads thus:-
“ that this Hon’ble Court do pass appropriate orders extending time for filing the above Appeal challenging the Impugned Judgement and condone the delay of five days in filing the above Appeal.”
S.R.JOSHI
5-ia-1949-2024.doc
10 . This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[FIRDOSH P. POONIWALLA, J.]
[B. P. COLABAWALLA, J.]
Page 3 of 3 JULY 15, 2024
S.R.JOSHI
2 issues framed by the court
Whether an additional amendment to the Memorandum of Appeal can be allowed at this stage before admission.
Whether the condonation of delay in filing the Appeal is sustainable.
Vikas Kamlakar Walawalkar
The Deputy Salt Commissioner & Others
B. P. Colabawalla
Firdosh P. Pooniwalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
