Bombay High Court Grants Time for Filing Reply in Appeal Against Municipal Corporation — Interim Order to Remove Office Objections. Court directs appellant to remove office objections within four weeks, failing which appeal will stand dismissed automatically.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

This is an interim order in an appeal filed by Mr. Sanjay Maruti Kamble against the Municipal Corporation of Greater Mumbai and others. The court was hearing an application for time to file a reply. The counsel for respondent Nos. 2 to 13 sought time to file vakalatnama and reply. The court granted four weeks for that purpose. Additionally, the court directed the appellant and his counsel to remove all office objections, warning that failure to do so would result in automatic dismissal of the appeal without further reference to the court. The matter was adjourned to 17th July 2018.

Headnote

A) Civil Procedure - Adjournment - Time to file reply - Court granted four weeks to respondent to file vakalatnama and reply, and directed appellant to remove office objections, failing which appeal would stand dismissed automatically (Paras 1-3).

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Issue of Consideration

APPEAL FROM ORDER (STAMP) NO.9666 OF 2018

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Final Decision

Four weeks time granted to respondent to file vakalatnama and reply; appellant directed to remove all office objections, failing which appeal shall stand dismissed automatically. Matter adjourned to 17th July 2018.

Law Points

  • Adjournment
  • Filing of reply
  • Removal of office objections
  • Automatic dismissal for non-compliance
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Case Details

2018 LawText (BOM) (06) 64

Appeal from Order (Stamp) No.9666 of 2018 along with Civil Application (Stamp) No.9667 of 2018

2018-06-19

V.M. Deshpande

Mr. Meelan Desai I/by Mr. T.R. Patel for the Appellant, Mrs. Madhuri More for respondent/MCGM, Ms. Pratibha Nachankar for respondent Nos.2 to 13

Mr. Sanjay Maruti Kamble

Municipal Corporation of Greater Mumbai & Ors.

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Nature of Litigation

Civil appeal against Municipal Corporation

Remedy Sought

Appellant seeking to pursue appeal; respondents seeking time to file reply

Issues

Whether time should be granted to file reply Whether office objections should be removed

Submissions/Arguments

Respondent's counsel sought time to file vakalatnama and reply Appellant's counsel agreed to provide fresh compilation

Judgment Excerpts

Four weeks time is granted to file vakalatnama as well as filing of reply. In the meanwhile the counsel and the appellant shall remove all offence objections since the appeal is on stand, failing which the appeal shall stand dismissed automatically without reference to the Court.

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