IN THE COURT OF DISTRICT JUDGE THANE.

AT THANE.

MISS.CIVIL APPLI.NO. /16.

BHIWANDI NIZAMPUR CITY

MUNCIPLE CORPORATION

BHIWANDI, THROUGH

ITS AUTHORISED OFFICER

HAVING OFFICE AT NEW

BNCMC BUILDING NEAR OLD

ZAKAT NAKA BHIWANDI. APPLICANT

V/S

MR.VENKATESH S.G.SHETTY

AGE,ADULT.OCC,BUSINESS.

R/A FLAT NO 204 HOUSE NO

215,GAURI PADA,BHIWANDI .OPPONENT

DIST.THANE.421302

APPLICATION ON BEHALF
OF APPLICANT U/S 5 OF
LIMITATION ACT SEEKING
DELAY MAY BE CONDONED

MAY IT PLEASE YOUR HONOUR:

APPLICANT ABOVE NAMED MOST RESPECTFULLY SUBMITT

AS UNDER.

1) That the opponent has filed a regular civil suit bearing no 1044/13
before the C.J.J.D Bhiwandi. Seeking interim relief as prayed below
ext., 5 against the defendant/ applicant. The applicant has filed its say
on dated 18/2/2014 matter has Adjourned for argument belowext., 5
but due to default of opponent matter could not proceed with due
effort or diligence. The opponent has filed below ext., 5the trial court
has pleased to pass order below ext., 5 without pronunciation of the
order in open court. So applicant could not properly acquainted to the
impugaent order passed below ext., 5 which is contrary to law and
principal of equity and justice liable to be rejected.
 2) The applicant submits that firstly come to know on 25/12/14 about
the impugaent order passed below ext., 5 on 28/4/14. Thereafter
applicant has applied the certified copy 29/12/2014 which was
received to appellant on 2/1/2015. Appellant submits that delay to file
appeal against the impugent order passed on 28/4/14 caused in good
faith and bonafide intention. There are no any instruction or
documents provides to prove the defence case.
3) The delay caused due to some bonafide intention which may
exempted for end of justice. Its case of defendant/applicant the suit
house is unauthorised, which may be proved by the applicant.
Therefore it may be just and proper to condone the delay in filing of
appeal.
4) That the order passed on 28/4/14. Applicant in common course of
business acquainted to the order on 25/12/14. Thereafter applied for
certified copy on 29/12/14. And which was provided to applicant on
dated 2/1/15. So delay cause of 405 days to file the appeal. The delay
cause with good faith and bonafide intention so it may be just and
expedient for end of justice that delay to file miscellaneous civil
appeal may be condoned.

It is therefore prayed that delay of 405 days in filing of

appeal may be condoned in the interest of equity and
justice. Oblige.

Filed on.

Filed by.

Adv. For Applicant.

Verification

MR. ANIL V. PRADHAN LAW OFFICER OF BNCMC

BHIWANDI.being Applicant in this present matter do hereby on
solemn affirmation states that all the foregoing content of above
mention paras are true and correct to the best of my knowledge and
belief.

Solemnly affirm on this 12th day of Feb 2016 at

Bhiwandi.

Filed on:

Filed by:

adv. For defendant.

 IN THE COURT OF DISTRICT JUDGE THANE

AT THANE

MISS.CIVIL APPLI.NO. /16

BNCMC BHIWANDI, APPLICANT

V/S

MR.VENKATESH S.G.SHETTY .OPPONENT

AFFIDAVIT
I MR. ANIL V. PRADHAN Law officer BNCMC Bhiwandi. Age. 40 year having office at
new BNCMC Building Bhiwandi. Being applicant in this present matters as do
hereby on solemn affirmation states as under:

a. I say that all the contents of the application are peace and parcel
of my affirmation. I say that all the content/submission of my
application shall be treated as a part and parcel of this affidavit.

b. I say that all the content of my application is true and correct to

the best of my knowledge and belief and as per the record of
defendant corporation.

Solemnly affirm on this 12th day of Feb 2016 at

Bhiwandi .

Explain and identified by me:

Adv. Moin Sayyed

---------------------
deponent