Final Order 1

Order Details: Other
Pdf Text: 1 MA 21/2020
IN THE COURT BOMBAY CITY CIVIL COURT AT GR. BOMBAY
Misc. Application no.21 of 2020
In
Appeal (Stamp) No.1252 of 2020
Rahul Kashinath Kate ..Applicant/Appellant.
V/s.
Union of India & Ors. ..Respondents
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 03rd March, 2020
(C.R.No.19)
APPEARANCES:
Advocate Mr. Amol D. Joshi for applicant.
Advocate Mr. S.R. Rajguru a/w Adv. Shriram Redij for respondents.
O R A L O R D E R
2 By the present application, the applicant is seeking
condonation of delay of 13 days in filing the present Miscellaneous Appeal.
3. It is contended in the application that the impugned order has
been passed on 31.12.2019 and the said order was received by the
applicant on 11.01.2020. But due to fact that wife of the applicant was
pregnant and had to spend large chunk of his income, therefore, he could
not take legal advise due to financial crunch. It is also one of the ground
contended that since wife of the applicant was pregnant and she was being
taken to hospital and the applicant was busy in taking care of his pregnant
wife, therefore, appeal could not be filed in time.
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4. Application is opposed by the respondents on the ground that
no sufficient reason has been mentioned in the application to condone the
delay. According to learned Advocate for respondents, after termination of
service of the applicant, he has no locus-standi to remain in the premises.
Lastly, it is contended that application for condonation of delay be rejected.
5. Heard learned Advocate for the applicant as well as learned
Advocate for the respondents.
6. Gone through the provisions of the Public Premises (Eviction &
Unauthorised Occupants) Act, 1971. Perusal of section 9 of the said Act
goes to show that the appeal is to be made within 12 days from the date of
publication of the order. Neither the applicant nor the respondent has
assisted the Court to know the date of publication of the order. Be that as it
may, but the fact remains that the applicant received copy of order on
11.01.2020 and thus, this date to be presumed as a date of publication of
the order, as there is nothing on record that prior to the said date, any
publication was made by the Estate Officer. And by calculation, the appeal
ought to have been filed on or before 23.01.2020, but it appears that the
same has been filed on 28.01.2020. Thus, there is delay of 5 days in
preferring this appeal. The applicant has mentioned the fact of pregnancy
of his wife on affidavit and he has also contended that he was busy in
taking care of his wife. In cases under the provisions of the Public Premises
(Eviction & Unauthorised Occupants) Act, the sufficient cause is strictly
construed. Taking into consideration of the fact of pregnancy of wife of the
applicant, coupled with the period of delay which is of 5 days. I think,
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the case is made out for condoning the delay. Hence, I pass following order.
O R D E R
1. Miscellaneous Application No.21 of 2020 is allowed.
2. The delay of 13 days in preferring the appeal is hereby
condoned.
3. Office to register the Miscellaneous Appeal.
03/03/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 03.03.2020
Transcribed on : 03.03.2020
Signed by H.H.J. on : 03.03.2020
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4 MA 21/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 03/03/2020 (03.15 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 03.03.2020
Order signed by P.O. on 03.03.2020
Order uploaded on 03.03.2020
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