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2026 DAILYLAW 13642 (BOM)

ASPIRA PATHLAB AND DIAGNOSTICS LTD v. MUNICIPAL CORPORATION OF GREATER MUMBAI AND 7 ORS

IA/4803/2026 · 2026-10-01

Original Suitbody2026

Judgment text

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3-IA-4803-2026.odt Pallavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4803 OF 2026 IN WRIT PETITION (L) NO.12372 OF 2025 Aspira Pathlab And Diagnostics Ltd. ...Applicant Versus Municipal Corporation Of Greater Mumbai And Ors. ...Respondents ... Mr. Rubin Vakil a/w Sonam Mhatre, Sakshi Mehta, Tanya Bhutoria i/b. Dhaval Vussonji & Associates for the Applicant. Ms. K.H. Mastakar for the Respondent - BMC. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 1st OCTOBER, 2026. P.C.: 1. Heard learned counsel for the Applicant/Petitioner. 2. This Interim Application has been preferred by the Applicant being aggrieved by the order dated 6th May 2026 passed by the learned Prothonotary and Senior Master of this Court under O.S. Rule 986 of the Bombay High Court (Original Side) Rules, 1980. By the said order dated 6th May 2026, the captioned Petition stood dismissed for non-removal of office objections. 3. Ms. Rubin Vakil, learned counsel appearing for the Applicant/Petitioner, has drawn the attention of this Court to the 1 PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.10.03 14:10:45 +0530 3-IA-4803-2026.odt averments made in the Interim Application, particularly in paragraph nos.10, 11 and 12 thereof, in support of the reasons for non-removal of office objections within the prescribed period. There is also a delay of 57 days in filing the present Interim Application. Having considered the explanation tendered, we are satisfied that sufficient cause has been shown for condonation of the said delay. 4. Having considered the explanation tendered, we are satisfied that sufficient cause has been shown for non-removal of office objections. 5. In light of the above and in the interest of justice, we therefore, set aside the order dated 6th May 2026 qua the instant Writ Petition (L) No.12372 of 2025. Accordingly, the Writ Petition would be restored to the file of this Court. The Applicant/Petitioner shall remove all office objections within a period of one week from the date of uploading of this order. Writ Petition to be listed thereafter. 6. The Interim Application is Disposed Of in the above terms. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 2