Order 1

Order Details: Other
Pdf Text: 12/07/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
Misc. A. Adv. Dalal for respondent present.
St. 8426/18 Adv. M.S. Bharadwaj for respondent present.
@ Delay 321/18 He files vakalatnama for respondent. (Exh.2)
Stay application (Exh.3.)
Appellant files affidavit of service.
Heard both sides on delay application.
Delay is of two days.
Ld. Counsel for respondent strongly opposed to condone delay or the
same may be condoned subject to deposit of Rs.21.14 lakhs which is
due against the appellant.
Ld. Counsel for applicant contends as follows
i)The impugned order does not show the order for recovery of the said
amount.
ii)That the inquiry proceeding before the Estate Officer is not
maintainable, in view of Suhas Pophale's judgment.
iii)The applicant is paying the rent amount to MDIC directly and there
is no privity of contract between the applicant and respondent No.1.
iv)The applicant has a good case on merit.
On the aforesaid grounds raised by appellant, the delay of two days is
condoned, subject to payment of cost of Rs.1,000/- to DLSA.
Ld. Counsel for applicant requests to stay the impugned order. Ld.
Counsel for respondent objects the same and requests time to file say
and R and P.
In the meantime the execution of the impugned order is stayed till next
date.
Appeal be registered.
Adjd. to 07/08/2018 for R and P.
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Principal Judge,
Gr. Mumbai.
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