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DELAY CONDONATION APPL

Udyankumar Shriram Vyas Misc. Appeal St. No.7340 of 18VsUNION OF INDIA +3 more

CNR MHCC01006624201819-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 05th September 2018

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100280/2018
Registration Date
04 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Petitioner

    1. 1Udyankumar Shriram Vyas Misc. Appeal St. No.7340 of 18

    Respondent

    1. 1UNION OF INDIA
    2. 2Postmaster General
    3. 3Estate Officer and Asst. Postmaster General
    4. 4Sr. Superintendent of Post offices

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-06-2018
Business: Adv. Mihir Govilkar for applicant present.
None present for respondent inspite of service.
Ld. Counsel for appellant submits that the impugned order is of 07/05/2018 which was served to them on 10/05/2018. The appeal could not be filed within 12 days as the Civil Courts were closed due to vacation. The appeals could be filed on 04/06/2018 on the reopening of the Civil Courts.
Adjd. to 11/06/2018 for say on delay application.
Next Purpose: REPLY
Next Hearing Date: 11-06-2018

Date: 11-06-2018
Business: Adv. Mihir Govilkar for applicant present.
Applicant files affidavit of service.
Delay 280/18 Ms. Harsha Keer, Asstt. Superintendent of respondent present.
Respondent No.1 seeks time to file reply.
Ld. Counsel for the applicant submits that 30 days time for vacating premises has already lapsed on 30/05/2018. There is no in fact delay, in view of closing of Civil Courts during vacation. In such circumstances, during the pendency of hearing of delay application, respondent No.1 not to proceed. Operation of the impugned order is stayed till next date. Ld. Counsel for applicant two connected appeal No.80/18 and 81/18 have been kept on 16/07/2018.
Adjd. to 16/07/2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Adv. Mihir Govilkar for applicant present.
None present for respondent.
By way of last opportunity, adjd. to 21/08/2018 for reply/hearing on delay.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 21-08-2018

Date: 21-08-2018
Business: Adv. Mihir Govilkar for applicant present.
None present for respondent.
Application to proceed without reply.
Adjd. to 05/09/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 05-09-2018

Date: 05-09-2018
Business: Adv. Mihir Govilkar for applicant present.
Adv. Pranil Sonawane for respondent present.
Heard both sides.
The applicant challenged the order dated 07/05/2018 under Section 9 of P.P.E. Act. The copy of the order is said to be received to applicant on 10/05/2018.
The prescribed period of limitation of 12 days would be up to 22/05/2018 i.e. during the vacation to the Civil Courts.
Appeal filed on 04/06/2018 i.e. on the opening day of Court, after Summer Vacation, is within limitation.
The Delay Condonation Application is allowed.
The appeal be registered.
Adjd. to 18/09/2018 for R and P.
Earlier order to continue till next date.
Nature Of Disposal: ALLOWED
Disposal Date: 05-09-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 107339/2018
Filing Date: 04-06-2018
First Hearing Date: 07th June 2018
Decision Date: 05th September 2018
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    2
    Final Order 1
    05 Sept 2018
    Order Details: Other
Pdf Text: 05/09/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
Delay 280/18 Adv. Mihir Govilkar for applicant present.
Adv. Pranil Sonawane for respondent present.
Heard both sides.
The applicant challenged the order dated 07/05/2018 under
Section 9 of P.P.E. Act. The copy of the order is said to be
received to applicant on 10/05/2018.
The prescribed period of limitation of 12 days would be up to
22/05/2018 i.e. during the vacation to the Civil Courts.
Appeal filed on 04/06/2018 i.e. on the opening day of Court,
after Summer Vacation, is within limitation.
The Delay Condonation Application is allowed.
The appeal be registered.
Adjd. to 18/09/2018 for R and P.
Earlier order to continue till next date.
Principal Judge,
Gr. Mumbai.
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    Order 1
    05 Sept 2018
    Order Details: Other
Pdf Text: 05/09/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
Delay 280/18 Adv. Mihir Govilkar for applicant present.
Adv. Pranil Sonawane for respondent present.
Heard both sides.
The applicant challenged the order dated 07/05/2018 under
Section 9 of P.P.E. Act. The copy of the order is said to be
received to applicant on 10/05/2018.
The prescribed period of limitation of 12 days would be up to
22/05/2018 i.e. during the vacation to the Civil Courts.
Appeal filed on 04/06/2018 i.e. on the opening day of Court,
after Summer Vacation, is within limitation.
The Delay Condonation Application is allowed.
The appeal be registered.
Adjd. to 18/09/2018 for R and P.
Earlier order to continue till next date.
Principal Judge,
Gr. Mumbai.
-- 1 of 1 --

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