ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.2824 OF 2007 OF MOTION NO.2824 OF 2007 OF MOTION NO.2824 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO.712 OF 2000 NO.712 OF 2000 NO.712 OF 2000 IN IN IN WRIT WRIT WRIT PETITION NO.495 OF 0000 PETITION NO.495 OF 0000 PETITION NO.495 OF 0000 The Municipal Corp. of Greater Mumbai & Ors. ...Appellants. (Org.Resp.1 to 4) Versus M/s.Nikita Construction Co.Ltd.& Ors. ...Respondents. (Org.Petitioners) Mr.A.Y.Sakhare, Sr.Adv. a/w Mr.N.A.Shaikh for the B.M.C.. Mr.Vinod Ranka i/by M/s. Kishor Thakordas & Co. for the Respondents. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 22ND AUGUST, 2008 : 22ND AUGUST, 2008 : 22ND AUGUST, 2008. P.C. P.C. P.C. . Heard Mr.A.Y.Sakhare, learned Sr.counsel appearing for the B.M.C. and Mr.Vinod Ranka, counsel for the Respondents. 2. This Notice of Motion is for setting aside the order dated 25th June, 2007 for dismissing the Appeal ( 2 ) for default of the appearance. The reason given by the B.M.C. is that the concerned Officer who was in-charge of this matter has missed the matter and therefore, the matter was dismissed for default. 3. Under these circumstances, in the interest of justice, we restore the matter and set aside the order dated 25th June, 2007 of dismissing the Appeal for default. The Appeal is restored to file, however, on condition that the B.M.C. shall deposit Rs.5,000/- (Rupees five thousand only) with the Maharashtra State Legal Services Authority, Mumbai. The B.M.C., however, is entitled to conduct an enquiry against the concerned official and recover the amount of Rs.5,000/- (Rupees five thousand only) from his salary since he is responsible for the lapse in the Court. 4. The Notice of Motion is disposed of accordingly. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)