MR. NAVEEN M. BAJAJ AND ANOTHER v. THE MUNICIPAL CORPORATION OF GREATER MUMBAI
IA/6574/2026 · 2026-08-24
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5066 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5066 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 of 2 14-IA 6574-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6574 of 2026 IN APPEAL FROM ORDER ST. NO. 21481 OF 2026 Mr. Naveen M. Bajaj and another Applicants versus The Municipal Corporation of Greater Mumbai Respondent _______ Sr. Advocte Atul Damle a/w Adv Hitesh Vyas, Adv. Rasik Raut, for Applicants. Ms. Smita V. Tondwalkar for Respondent BMC. _______ CORAM :
AARTI SATHE, J. DATE :
24 AUGUST 2026 P.C.
1. We have heard learned counsel for the parties on this Interim Application which is filed praying for condonation of delay in filing the aforesaid appeal. The delay which is sought to be condoned is of 19 days. On the Respondent being served, the Respondent is represented by Ms. Smita V. Tondwalkar learned counsel. There is no written opposition filed to this application. Ms. Smita V. Tondwalkar, although has orally opposed this application vehemently, she would not dispute the well settled position in law in a catena of judgments of the Supreme Court in regard to the principles to be followed on condonation of the delay and more particularly she would not dispute that, in the clear facts and circumstances of the case, as set out in the memo of the application, the Applicant ought not to suffer or be rendered remediless in pursuing the Appeal.
2. In the aforesaid circumstances, having perused the memo of the application and Tiwari
2 of 2 14-IA 6574-2026.DOC considering the period of delay not being very gross, in my opinion, the reasons as set out certainly provide for an appropriate justification and a sufficient cause shown by the applicant in regard to the delay in filing the appeal. It is hence in the interest of justice that the delay is condoned.
3. The Interim Application is hence allowed in terms of prayer clause (a).
4. The Appeal accordingly be listed for admission, subject to removal of objections, if any, to be removed within eight weeks from today.
5. Interim application stands disposed of in the above terms. No costs.
(AARTI SATHE, J.) Tiwari