Yasmin Mohammad Hussain Hingora vs Mumbai Municipal Corporation And Anr
2024 Latest Caselaw 24647 Bom

Bombay High Court

Yasmin Mohammad Hussain Hingora vs Mumbai Municipal Corporation And Anr on 22 August, 2024

Author: M.S. Sonak

Bench: M.S. Sonak

            Digitally signed
   2024:BHC-OS:12839-DB
          by LAXMIKANT                                                              (906) IAL-25105.24.DOCX
LAXMIKANT   GOPAL
GOPAL       CHANDAN
CHANDAN     Date:
            2024.08.23
            10:07:20 +0530



                                                                                                             lgc

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          ORDINARY ORIGINAL CIVIL JURISDICTION
                                        INTERIM APPLICATION (L) NO. 25105 OF 2024
                                                                     IN
                                              WRIT PETITION (L) NO. 1566 of 2022


                           Yasmin Mohammad Hussain Hingora                                       ...Applicant
                                In the matter between
                           Yasmin Mohammad Hussain Hingora                                      ...Petitioner
                                Versus
                           Mumbai Municipal Corporation and anr.                            ...Respondents


                           Mr Sugandh Deshmukh, for the Applicant/Petitioner.
                           Ms. Smita Tondwalkar, for the Respondent - BMC.


                                                         CORAM         M.S. Sonak &
                                                                       Kamal Khata, JJ.

                                                         DATED:        22 August 2024
                           PC:-

1. Heard learned counsel for the parties.

2. This is an Application for restoration of the Petition which was dismissed for non-clearance of office objections.

3. We have considered the reasons set out in the Interim Application and in our judgment, they constitute sufficient cause.

4. Ms. Tondwalkar, the learned counsel for the Respondent - BMC however opposes this restoration by submitting that sufficient

22 August 2024

(906) IAL-25105.24.DOCX

opportunities were granted to the Applicant/Petitioner and still the office objections were not cleared and the necessary translations were not supplied.

5. Mr. Deshmukh, the learned counsel for the Applicant/Petitioner states that the translations are now ready and if an opportunity is granted, all office objections would be cleared within a week i.e. on or before 29 August 2024.

6. Relying on the above assurance and also considering the reasons set out in the Interim Application, we condone the delay, recall our order dated 08 March 2024 in so far as it concerns the Applicant and restore the Writ Petition. The objections will have to be cleared within one week from today and if this not done, the Petition will once again stand dismissed for non-prosecution without further reference to this Court.

7. Accordingly, the Interim Application is disposed of.

 (Kamal Khata, J)                                           (M.S. Sonak, J)





                               22 August 2024