wp274-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.274 OF 2011 Karuna Karan Shetty .. Petitioner Versus Municipal Corporation of Gr.Mumbai and Ors. .. Respondents None for petitioner Mr.M.M.Malvankar for respondents CORAM : S.C.DHARMADHIKARI, J. DATE : 4th July 2011. P.C.: 1] The appeal preferred by the petitioner being Municipal Appeal (Stamp) No.498 of 2010 has been dismissed as barred by limitation only because the petitioner did not obtain extension of time. 2] The petitioner had filed a petition in this Court against action of the Corporation in determining the rateable value and charging tax on that basis. That petition was disposed of with a direction to the petitioner to file an appeal within two weeks from the date of the order in the said petition. 3] The Petition No.1177 of 2010 was disposed of on 29th wp274-11.doc 2 June 2010. The appeal was filed on 6th August 2010 but without any order accompanying it, enabling the Court below to accept the appeal even though it was filed beyond two weeks. For this technical lapse on the part of the petitioner, the appeal has been dismissed. It is clarified in the order itself that the only ground on which the appeal has not been entertained but summarily rejected is because the period has not been got extended from this Court. 4] In the peculiar facts and circumstances of this case and when the appeal is in fact lodged on 6th August 2010 and is on the file of the Chief Judge, Court of Small Causes Bombay, interest of justice would be served if time to file appeal is extended and the appeal shall be taken to have been validly filed and now must be decided on its own merits and in accordance with law. The petition is allowed in the above terms. No costs. (S.C.DHARMADHIKARI, J)