Bombay High Court
Ravindra Baburao Nikam And 16 Ors vs Municipal Commissioner, Municipal ... on 6 September, 2018
Author: K. K. Sonawane
Bench: R. M. Savant, K. K. Sonawane
(23) NMWL 439-18.doc
Amk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO. 439 OF 2018
IN
NOTICE OF MOTION (L) NO. 210 OF 2018
IN
WRIT PETITION NO. 1675 OF 2013
Ravindra Baburao Nikam .. Applicant
In the matter between
Ravindra Baburao Nikam & Ors. .. Petitioners
Vs.
Municipal Commissioner, Municipal
Corporation of Gr. Mumbai & Ors. .. Respondents
Mr. M. V. Rawool for the Applicant.
Mr. A. K. Nandanwar for the Respondent-MCGM.
CORAM : R. M. SAVANT &
K. K. SONAWANE, JJ.
DATE : 6 th SEPTEMBER, 2018.
P. C.
1. The above Notice of Motion (L) No. 439 of 2018 has been filed for restoration of Notice of Motion (L) No. 210 of 2018 which has stood dismissed for non prosecution on account of non removal of office objections. The Applicant also seeks condonation of delay of 30 days in filing the Notice of Motion (L) No. 439 of 2018. The reason for the delay, as also as to why the office objections could not be removed, is mentioned in the Affidavit-in-Support of the above Notice of Motion (L) No. 439 of 2018.
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(23) NMWL 439-18.doc
2. In our view, having regard to the fact that the said Notice of Motion has been rejected on a technical ground, it would be just and proper to allow the above Notice of Motion (L) No. 439 of 2018 and same is, accordingly, allowed in terms of prayer clauses (a) and (b). The Notice of Motion (L) No. 439 of 2018 is, accordingly, disposed of.
3. Resultantly, the Notice of Motion (L) No. 210 of 2018 stands restored to file. The said Notice of Motion to be placed for hearing on 04.10.2018.
4. It is expected of the Municipal Corporation of Greater Mumbai that if it desires to file an Affidavit, the same would be done three days prior to the next date.
[K. K. SONAWANE, J.] [R. M. SAVANT, J.]
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