Date: 14-06-2018
Business: Adv. S.A. Shaikh with Adv. Gaurav Omble for applicant present.
Adv. M.S. Bharadwaj for respondent present.
Ld. Counsel for respondent submits that possession of inquiry premises is already taken as there was no stay to the operation of the order to Estate Officer. Ld. Counsel requests time to file reply.
Ld. Counsel for applicant prays to direct the respondent not to proceed further in demolition of inquiry premises.
During the hearing of the delay application, respondent is directed not to proceed further on execution of impugned order. Respondent to maintain status quo.
Adjd. to 18/06/2018 for reply to delay.
Next Purpose: REPLY
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: CORAM HIS HONOUR THE 2nd ADDITIONAL PRINCIPAL JUDGE SHRI P.S.TARARE
Mr. Subhash Basu, M.D. for applicant present.
Adv. Gaurab Ombale for applicant present.
Adv. Mr. M.S. Bharadwaj for respondent present.
Exh.2Vakalatnama filed by Adv. for respondent Mr. M.S. Bharadwaj, TOR.
Exh.3Amendment application filed by Adv. for applicant.
Copy furnished to other side.
Other side to file say.
Adjd. to for filing say on Exh.3 and reply to delay application to 22/06/2018.
Earlier order if any to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 22-06-2018
Date: 22-06-2018
Business: CORAM HIS HONOUR THE 2nd ADDITIONAL PRINCIPAL JUDGE SHRI P.S.TARARE
Adv. Gaurav Omble for applicant present.
Adv. M.S. Bharadwaj for respondent present.
Respondent files reply to delay application and appeal.
Exh.3ARespondent also files reply to Exh.3
Adjd. 25/06/2018 at 12.00 p.m. for hearing on delay application and Exh.3.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 25-06-2018
Date: 25-06-2018
Business: Adv. Shaikh with Adv. Gaurav Ombale for
applicant present.
Adv. M.S. Bharadwaj for respondent present.
Heard both sides on delay application.
Adjd. to 28/06/2018 for order on delay.
Next Purpose: ORDER
Next Hearing Date: 28-06-2018
Date: 28-06-2018
Business: Adv. S.A. Shaikh with Adv. Gaurav Omble for applicant present.
Adv. Bharadwaj for respondent present.
O R D E R
The delay of 3 days is sought to be condoned for the reasons mentioned in the application. Ld. Counsel for the applicant relied on the judgment of Hon\''ble High Court wherein delay of 31 days was condoned for filing appeal under Public Premises Act observing that the appellate authority seems to have adopted an unduly harsh and technical approach.
Ld. Counsel for the respondent strongly opposed the application.
As there is no inordinate delay and in view of order of Hon High Court and the reason mentioned in the application, delay is condoned, subject to payment of costs of Rs.2,000/- to DLSA.
Appeal be registered.
Ld Counsel for applicant requests to allow the amendment in the memo of appeal. As the appeal is not still registered, the said amendment is allowed.
Application Exh.3 stands disposed off.
Applicant to provide the amended copy of appeal memo to office for registration and furnish the copy to respondent.
Earlier order to continue till next date.
Adjd. to 12/07/2018 for R and P.
Nature Of Disposal: ALLOWED
Disposal Date: 28-06-2018
