Final Order 1

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IN THE COURT OF SESSIONS FOR GR.BOMBAY
Delay Application No.56 of 2019
The Central Government
Employees Consumer's CoOperative
Society Ltd. ..Applicant
V/s.
Union of India & Ors. ..Respondents
Coram : H.H.THE PRINCIPAL JUDGE
SHRI V.G. BISHT
Dated : 13th March,2019
(C.R.No.19)
Advocate Mr.R.R. Mishra for applicant.
Advocate Mr.Y.S. Bhate for respondent nos.1 to 3.
Advocate Mr.A.V. Diwate for respondent no.4.
O R A L O R D E R
Read application. Heard Mr.R.R. Mishra for applicant.
2 It appears that the applicant intends to challenge the
impugned order No.15(105)/2018EMM/7582 dated 11 th December,2018
under SubSection 1 of Section 5 of the Public Premises (Eviction of
Unauthorized Occupants) Act,1971 passed by the respondent no.2. Since
there is delay of 37 days in preferring the said appeal, the present
application for condonation of delay.
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3 Mr.R.R. Mishra, learned counsel for the applicant, submitted
that there was no intentional or deliberate delay on the part of the
applicant and since the applicant got a good case on merit, the delay
deserves to be condoned.
4 Mr.Y. S. Bhate, learned advocate for respondent nos.1 to 3,
opposed the submissions contending that no sufficient cause is shown and
there being no merit in the application, the same is liable to be rejected.
5 Mr.A. V. Diwate, learned counsel for respondent no.4, also
opposed the submissions by raising the same objection as raised by the
learned counsel for respondent nos.1 to 3.
6 Admittedly, there is delay of 37 days which is fairly submitted
by the applicant. However, according to the applicant, the delay was not
intentional or deliberate. It may not be out of place to mention that the
matters must be decided on merits and after giving due opportunity to
both the parties. One more reason. The applicant could not have gained
by adopting the delaying tactics. In such circumstances, in my considered
opinion, the delay deserves to be condoned.
7 Hence, the following order:
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O R D E R
Delay Application No.56 of 2019 is allowed.
The delay of 37 days in filing the Misc.Appeal stands
condoned.
Appeal be registered accordingly.
13/03/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 13/03/2019
Transcribed on : 13/03/2019
Signed by HHJ on : 13/03/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 13/03/2019 (4.15 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 13th March,2019
Order signed by P.O. on 13th March,2019
Order uploaded on 13th March,2019
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