Bhalchandra Kashinath Patil v. M/S.Success Enterprises And ANR

22-CAF-102-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.102 OF 2017 IN REJECTED CASE NO.461 OF 2004 Bhalchandra Kashinath Patil ...Applicant Vs M/s. Sucess Enterprises and Anr.

... Respondents ...

Mr. Sachin R. Pawar for the Applicant.

CORAM : SANDEEP K. SHINDE J.

DATE : JANUARY 6, 2022.

P.C. :

Heard.

Appeal was restored by this Court (Coram: Abhay S. Oka, th October, 2007 subject to condition that J.) vide order dated 5 appellant would remove all office objections. It was a conditional order. The appeal was dismissed for non-removal of office objections. Shivgan 1/2

22-CAF-102-2017.odt The instant application seeks restoration of the appeal, by condoning delay. Although the application was filed in August, 2011, no efforts were made to circulate the application for consideration. Additionally, application does not disclose 'Sufficient Cause', which prevented applicant in preferring application in time. The prayer seeking condonation of delay does not specify number of days of delay. Approach of the applicant is very casual. It implies, he is uninterested in pursuing the appeal. Besides, when the application th September, 2019, none was was called out for hearing on 25 th October, 2019. On that day, present and it was adjourned to 4 adjournment was sought by the applicant. By way of indulgence, th October, 2019. In consideration of application was adjourned to 7 the facts of the case and the manner in which application is being pursued, it deserves no consideration. It is rejected. (SANDEEP K. SHINDE, J.) Shivgan 2/2