Final Order 1

Order Details: Other
Pdf Text: Delay Appln.305/18 in St.No.7941/18 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DELAY APPLICATION NO.305 of 2018
IN
MISC. APPEAL STAMP NO.7941 of 2018
Shri Ravi Daniel Balid ..Applicant
V/s.
Municipal Corporation of Greater Mumbai and ors. ..Respondents
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 27th June, 2018
(C.R.No.19)
Advocate Apoorva Bhat for the applicant.
Advocate A. V. Divate for the respondents.
ORAL ORDER
In this application, the applicant sought to condone the
delay of 153 days to file an appeal u/s.105 F of The Mumbai Municipal
Corporation Act, 1888 (hereinafter referred to as 'the said act').
2. Heard both the sides. The reason for delay is stated to be
the severe health problems of the maternal aunt of the applicant and for
that purpose he had to move to Ahmednagar to support her morally as
well as financially. His maternal aunt thereafter died on 04th April,
2018. Thereafter, the wife of the applicant was diagnosed with hernia
and was admitted in the hospital at Bombay. He filed on record the
death certificate of his maternal aunt and medical papers of his wife.
The learned counsel for the respondent strongly opposed the
application for want of sufficient grounds.
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Delay Appln.305/18 in St.No.7941/18 2
3. I have considered the submissions on behalf of both the
parties. At the outset, an appeal u/s.105 F of the said Act is to be filed
within 30 days from the date of service of notice relating to the order
u/s.105 B of the said Act. The Appellate Authority is empowered to
entertain an appeal even after the expiry of the period of 30 days, if the
Appellate Authority is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time. The terminology used in
the proviso to section 105 F of the said Act empowering the Appellate
Authority to condone the delay appears to be analogous to section 5 of
the Limitation Act. It is well settled to show liberal approach while
deciding the delay applications. The documents on record justify the
pleading for delay. In such circumstances, in the interest of justice and
to give one chance to the appellant to argue his case on merits, I
condone the delay, however, subject to costs of Rs.5,000/ to be
deposited with the DLSA. Hence, the following order :
ORDER
1. Delay Application No.305/2018 is allowed.
2. Appeal be registered on payment of costs of
Rs.5,000/ to DLSA on or before 30/06/2018.
27/06/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 27/06/2018
Transcribed on : 27/06/2018
Signed by HHPJ on : 27/06/2018
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Delay Appln.305/18 in St.No.7941/18 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer : Mrs. Varsha D. Chowdhri
Upload date and time : 30th June, 2018 (At 02.07 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs. P. V. GANEDIWALA (C.R.No.19)
Date of Pronouncement of Order 27th June, 2018
Order signed by P.O. on 27th June, 2018
Order uploaded on 30th June, 2018
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