Sujan Azad Parikh v. M/S. Sheth Develoers Pvt. Ltd.,Q

ppn 1 17.caa-123.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.123 OF 2016 in APPEAL FROM ORDER (ST.) NO.32046 OF 2015 Sujan Azad Parikh & Anr.

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Applicants Vs.

M/s.Sheth Developers Pvt.Ltd.

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Respondent --- Ms.S.R.Surve i/by M/s. Little & Co. for the applicants. Mr.Mukesh Tiwari i/by Mr.Manoj Shukla for the respondent. --- CORAM : R.D. DHANUKA, J.

DATE : 2nd February 2016 P.C.

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Learned counsel appearing for the applicants states that the respondent is served with copy of the civil application and tenders affidavit of service which is taken on record. No affidavit-in-reply is filed though the respondent is served on 14th January 2016. 2.

By this civil application, the applicants seek condonation of delay of 60 days in filing the present appeal from order. 3.

I have perused the reasons recorded in the civil application. I am of the view that the applicants have satisfactorily explained the delay of 60 days.

4.

For the reasons recorded in the civil application, civil application is allowed in terms of prayer clause (a). Delay of 60 days in

ppn 2 17.caa-123.16.doc filing the present appeal from order is condoned. The applicants are directed to remove all office objections within one week from today. 5.

Place appeal from order on board for 'Admission' on 22nd February 2016.

R.D. DHANUKA, J.