Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
MISC.APPLICATION NO.36 OF 2020
(Condonation of Delay)
The Governor of Maharashtra,
A/c of the General Manger, ... Applicants/
Greater Bombay Milk Scheme & Anr. Appellant s
Versus
The Board of Trustee of the Port,
Of Mumbai & Anr. ..Respondents
CORAM: H.H.THE PRINCIPAL JUDGE
S. B. AGRAWAL(C.R.No.19)
DATED: 2nd FEBRUARY, 2021
Adv. M.B. Jadhav for,
for applicants/appellants.
Adv. Priyank Dage i/b Jayakar & Partners,
for respondents.
ORAL ORDER
Delay of 183 days caused in preferring appeal under Public
Premises Act by the Applicants The Governor of Maharashtra on the
Account of General Manager, Greater Bombay Milk Scheme & Another
is sought to be condoned by way of present application. It is contended
that the representative of the Diary Mr.Girish Sonone attended the
proceedings before the Estate Officer since inception and he was
transferred to Yawatmal and in the meanwhile one Mr.Rajput, Assistant
Dairy Manager was given Charge, who in turn gave it to a Clerk
Mr.Deore as new officers were not recruited in the Worli Dairy and the
proceedings before the Estate Manager were left unattended and the
order impugned in the appeal for damages of over Rs.8 Crores came to
be passed, of which the appellants had no knowledge and subsequently
when they came to know about the order, Government Pleader in the
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Office of City Civil Court was contacted, papers were obtained and after
getting permission from the Law and Judiciary Department, the appeal
was preferred. It is in this circumstance that it is contended that there is
sufficient reason for the delay and the same deserves to be condoned.
2. Respondents have filed affidavit in reply wherein the application
has been opposed and it has been contended that no sufficient ground
has been made out.
3. It is to be noted that the subject premises are already handed
over to the respondents and the question pertains to the damages
awarded by the Estate Manager i.e. respondent no.2 for over Rs.8
Crores, the reasons given in the application as narrated hereinabove,
would constitute sufficient cause for condonation of delay, however it
would be appropriate to award necessary cost to the respondent no.1
and as such I pass following order.
O R D E R
Delay of 183 days caused in preferring appeal by the Appellants
is hereby condoned subject to cost of Rs.25,000/- (Rs.Twenty
Five Thousand Only) to be paid to respondent no.1 within four
weeks.
Sd/-
02/02/2021 (S. B. AGRAWAL)
PRINCIPAL JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 02.02.2021
Transcribed on : 02.02.2021
Signed by HHJ on : 02.02.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
03/02/2021 11.21AM B.R.HATEKAR S.G.
Name of the Judge HH PRINCIPAL JUDGE (CR No.19)
Date of Pronouncement of Judgment/Order. 02/02/2021
Judgment/order signed by P.O on 02/02/2021
Judgment/order uploaded on 03/02/2021
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