S. N. Thakkar Construction ... vs Municipal Corporation Of Greater ...
2021 Latest Caselaw 11792 Bom

                                         1    / 2                        11-IA-1472-2019.odt

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                      INTERIM APPLICATION NO. 1472 OF 2019
                                             IN
                             APPEAL (L) NO. 487 OF 2019
S.N. Thakkar Construction Company Private Limited ... Applicant/Appellant
          Versus
Municipal Corporation of Greater Mumbai                 ... Respondent
                                         .........
Mr. Nikhil Wadikar instructed by Mr. Nandu Pawar for the Applicant/Appellant.
Ms. Yamuna Parekh for the MCGM.
                                      .........
                             CORAM :      S.J. KATHAWALLA AND
                                                   MILIND N. JADHAV, JJ.

                             DATED :      AUGUST 25, 2021.

P.C. :-

By the above Appeal, the Appellant seeks to impugn the Oral Judgment passed

by the Learned Single Judge of this Court dated 13 th February, 2019 under Section 37

of the Arbitration and Conciliation Act, 1996. The Appeal was filed on 11 th October,

2019. The limitation period expired on 19th August, 2019. In view thereof,

admittedly there is a delay of 53 days in filing the above Appeal. The

Applicant/Appellant has filed the above Interim Application seeking condonation of

the said delay. However, the Appellant has failed to provide to the Corporation, copies

of the above Appeal and the Interim Application seeking condonation of delay, from

Kanchan P Dhuri 2 / 2 11-IA-1472-2019.odt

the last almost two years. The same is today handed over to the Corporation. The

Corporation seeks time to file Affidavit-in-Reply to the above Appeal. The

Corporation shall file their Affidavit-in-Reply on 10 th September, 2021. In the

meantime, we condone the delay of 53 days in filing the above Appeal. The Appellant

shall pay an amount of Rs.1 Lakh towards costs by way of demand draft in favour of

"P.D. Hinduja National Hospital & Medical Research Centre" for being used to

provide treatment to a young poor student Shri Akshay Shrikrishna Pathak suffering

from cancer. The said demand draft shall be handed over to the Associate of this

Court who shall in turn forward the same to the P.D. Hinduja National Hospital &

Medical Research Centre alongwith a copy of this Order. The Learned Advocate

appearing for the Appellant on instructions states that the directions qua the payment

of costs shall be complied within a period of one week from today. The statement is

accepted as an undertaking given to the Court. The above Interim Application stands

disposed off. Upon compliance of the above order, place the above Appeal for

admission on 15th September, 2021.

                              ( MILIND N. JADHAV, J. )                              ( S.J. KATHAWALLA, J. )

           Digitally signed
           by KANCHAN
KANCHAN    PRASHANT
PRASHANT   DHURI
DHURI      Date:
           2021.08.31
           12:29:34 +0530




                              Kanchan P Dhuri