Municipal Corporation of Greater Mumbai vs Mohammed Ashraf Abdul Karim Kapadia

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10865 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 31660 OF 2016 ]

MUNICIPAL CORPORATION OF GREATER MUMBAI Appellant (s)

VERSUS

MOHAMMED ASHRAF ABDUL KARIM KAPADIA Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The first appeal before the High Court was

dismissed on the ground that there was a delay of 34

days in filing the appeal by the appellant-Municipal

Corporation of Greater Mumbai.

3. Having gone through the affidavit filed for

condonation of delay and having heard both the

parties, we are of the view that the delay was liable

to be condoned. Hence, the delay in filing the

appeal before the High Court is condoned.

3. The High Court is directed to take the appeal on

record.

4. In view of the above, this civil appeal is

disposed of.

No costs.

.......................J. Signature Not Verified [ KURIAN JOSEPH ] Digitally signed by JAYANT KUMAR ARORA Date: 2017.08.30 14:30:13 IST Reason: .......................J. [ R. BANUMATHI ]

New Delhi;

August 25, 2017.

ITEM NO.11 COURT NO.5 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 31660/2016

(Arising out of impugned final judgment and order dated 22-04-2016 in CA No. 1414/2016 in FA (ST) No. 10792/2016 in LCS No. 1703/2010 passed by the High Court Of Judicature At Bombay)

MUNICIPAL CORPORATION OF GREATER MUMBAI Petitioner(s)

VERSUS

MOHAMMED ASHRAF ABDUL KARIM KAPADIA Respondent(s)

Date : 25-08-2017 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI

For Petitioner(s) Mr. Atul Yeshwant Chitale, Sr. Adv.

Ms. Suchitra Atul Chitale, AOR Ms. Shivangi Khanna, Adv.

Mr. Pravin V. Naik, Adv.

Ms. Tanvi Kakar, Adv.

For Respondent(s) Mr. S. M. Jadhav, Adv.

For M/s. S.M. Jadhav And Company (Appearance slip not given)

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of in terms of the signed

non-reportable Judgment

Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)