Mars Enterprises vs Municipal Corporation of Greater Mumbai and Another

R.M.S. Khandeparkar, J.—Heard the learned Advocates for the parties. Perused the records. Rule. By consent, the rule is made returnable forthwith.

The grievance of the petitioners is that the complaint filed u/s 163 of the Mumbai Municipal Corporation Act, 1888, hereinafter called as "the said Act" was presented one day beyond the period within which the same was required to be presented as the concerned officer attending to the legal matters of the petitioners had to proceed to Baroda on account of serious illness of his mother. However, the respondents did not entertain the complaint as the provisions contained in Section 163 of the said Act specifically provides for 15 days period and there is no power given to the authorities to condone the said delay. Though the provisions of law contained in Section 163 of the said Act specifically provide for 15 days period and there is no specific provision for condonation of delay by the authorities in cases where the complaints are filed beyond the specified period, fact remains that the records apparently disclose that the concerned officer of the petitioners was required to proceed to Baroda urgently on account of serious illness of his mother and in the process there was a delay of one day in filing the complaint. Taking into consideration the peculiar facts and circumstances of the case, in my considered opinion, this is a fit case to exercise the jurisdiction under Article 226 of the Constitution of India and to condone the delay in filing the complaint, and to direct the respondents to consider the said complaint on merits in accordance with the provisions of law.

In the result, therefore, the petition succeeds. The delay of one day in filing the complaint is hereby condoned and the respondents are directed to deal with the complaint on merits, in accordance with the provisions of law. The rule is made absolute accordingly with no order as to costs.

All concerned to act on the ordinary copy of this order duly authenticated by the Associate/P.S. of this Court as a true copy.