1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 604 OF 2010 IN APPEAL (L)NO. 258 OF 2009 IN WRIT PETITION NO. 2762 OF 2008 The Municipal Corporation of Greater Mumbai .. Appellant Versus Mohanrao Buwasaheb Shinde .. Respondent Mr. S.K. Talsania, Senior Counsel i/by M. V. Kini and Co. for the appellant Ms. Rita Joshi for the Respondent CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 12 th March, 2010 P.C.: 1. Heard Mr. Talsania, learned senior counsel for the appellant and Ms. Joshi , learned counsel for the respondent. 2. Appeal Lodging No. 258 of 2009 was filed belatedly and, therefore, this motion for condonaion of delay. 3. The appeal is beyond time by 85 days. 2 4. We have perused the affidavit in support of the motion and we are satisfied that the delay caused deserves to be condoned, subject to costs. Hence, the motion is made absolute in terms of prayer clause- (a) and the appellant Corporation is directed to pay, by way of costs, an amount of Rs. 1,000/- ( Rupees one thousand). This amount shall be paid to the respondent within two weeks. 5. The appeal be listed for admission after two weeks. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)