Bombay High Court
THE MUNICIPAL CORPORATION OF GREATER MUMBAI THR. ITS CHIEF EXECUTVEversusTHE SECRETARY GOREGAON SPORTS CLUB
- Decided
- Disposal
- Allowed
Holding
The Court condoned the 318‑day delay, subject to a cost order of Rs 10,000 to be paid to Tata Memorial Hospital.
Summary
The Municipal Corporation of Greater Mumbai filed an appeal 318 days after the prescribed period and sought condonation of the delay. The Court examined the reasons provided, found them unconvincing, but still granted condonation because the matter involved the determination of rateable value, a substantial issue. The condonation was conditioned on the payment of a cost of Rs 10,000 to Tata Memorial Hospital. The Court ordered the payment to be made within four weeks. The application for condonation was disposed of, effectively allowing the appeal to proceed.
Issues considered
- Whether a delay of 318 days in filing an appeal can be condoned under the procedural rules
Subjects
- delay condonation
- appeal filing deadline
- rateable value
- municipal corporation
- cost order
Judgment
HMK 1 31. CAF-206-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
SAYYED signed by
SAYYED
SAEED SAEED ALI CIVIL APPLICATION NO. 206 OF 2021
ALI AHMED ALI
Date:
AHMED 2026.02.13 IN
ALI 11:04:30
+0530
FIRST APPEAL (ST.) NO. 5406 OF 2019
The Municipal Corporation Of Greater Mumbai
Thr. Its Chief Executive ….Applicant/Appellant
Versus
The Secretary Goregaon Sports Club .…Respondent
__________________________________________________________________
Ms. Pallavi Khale i/by Ms. Komal Punjabi for the Applicant/Appellant.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 12th FEBRUARY 2026
P. C. :
1. This application is taken out by the Corporation seeking to condone
the delay of 318 days in filing the Appeal.
2. The reasons have been stated in paragraphs 4, 5 and 6. Though, the
reasons are not so convincing, the delay is condoned for a larger cause,
since the issue on merits pertains to determination of rateable value. The
delay is condoned subject to payment of cost of Rs10,000/- to the
Tata Memorial Hospital, Dr. Ernest Borges Road, Parel Mumbai-400 012.
3. The cost should be paid within four weeks from today.
4. Civil Application No. 206 of 2021 is disposed of.
[ JITENDRA JAIN, J. ]
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