Floreat Investment Limited v. Mr. Jagdish Shankar Sawant And ORS.

3.1018.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1018 OF 2015 IN FIRST APPEAL (ST) No. 34748 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rohan Cama for the Applicant.

Mr. V. Y. Sanglikar for Respondent Nos.3 to 7. CORAM : K. K. TATED, J.

DATE : APRIL 17, 2015 P.C.:

1.

Heard. The learned counsel for the Applicant seeks liberty to delete the names of Respondent Nos.4 to 15 from the cause title of the Civil Application and the First Appeal and other proceedings. Liberty granted. Amendment to be carried out within 2 weeks from today.

2.

This Application is preferred by the Defendant No.3 for condonation of 46 days delay in filing the First Appeal.

3.

The learned counsel for the respective Respondent submits that they have no-objection if the delay is condoned.

Basavraj G Patil 1/2

3.1018.15-caf 4.

Considering the submissions made by the learned counsel for the Applicant, averments made in the Application and no-objection given by the counsel for the Respondents, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

5.

Hence, the following order:

a) Civil Application is allowed.

b) The delay of about 53 days in filing the captioned First Appeal is condoned.

b) The Applicant to carry out appropriate amendment in the Civil Application as well as the First Appeal within 2 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2