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. 118 OF 2008 OF MOTION NO. 118 OF 2008 OF MOTION NO. 118 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 1748 OF 2007 PETITION NO. 1748 OF 2007 PETITION NO. 1748 OF 2007 L.R. Sharma ..Petitioner V/s. The Municipal Commissioner, Municipal Corporation of Gr.Mumbai ..Respondent Mr. N.R. Bubna for the Petitioner Ms. A.K. Savla, for B.M.C. CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE : 1ST AUGUST, 2008. : 1ST AUGUST, 2008. : 1ST AUGUST, 2008. P.C.: . Heard. 2. For the reasons stated in the affidavit in support of the Notice of Motion, this Court is inclined to grant the relief sought for recalling and setting aside and the matter be restored to the file for hearing and decision on merits. 3. Therefore, Notice of Motion is made absolute in terms of prayer clause (a) subject to cost of Rs.500/-, which will be credited to the account of : 2 : Respondent-Municipal Corporation within a period of two weeks. 4. The Notice of Motion is disposed off accordingly. 5. On the Petitioner furnishing the receipt of said payment to the Respondent-Municipal Corporation, issue notice to Respondents, returnable within six weeks. Humdast allowed. 6. We expect that the Municipal Corporation would file their short affidavit in reply on the returnable date as this Court proposes to dispose off the matter at the stage of Admission. This is being a case where the Petitioner is claiming the pension for the services rendered by him for the period claimed in the Petition. 7. Stand over for six weeks. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J.) Tated, J.) Tated, J.)