Nationalist Congress Party v. Dr. Eddie Phiroz Bharucha And ORS

218.15-caa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.218 OF 2015 IN APPEAL FROM ORDER (ST) NO.3698 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. U. V. Mohite for the Applicant Ms. Shivani Khanna i/b. FZB Associates for the Respondent Nos.1 3 and 4.

CORAM : K. K. TATED, J.

DATE : APRIL 21, 2015 P.C.:

1.

Heard. The learned counsel for the Applicant submits that he is not pressing the Civil Application against Respondent No.1. Statement is accepted.

2.

The learned counsel for the Respondent Nos.3 and 4 states that Respondent No.2 Russi Nusserwanji Sethana expired.

3.

This Application is filed by Defendant No.1 for condonation of 2 days delay in filing the Appeal from Order challenging the order dated 23/12/2014 passed by the Bombay City Civil Court, Mumbai in Notice of Motion No.2675/2008 in suit No.5957/2007.

Basavraj G Patil 1/2

218.15-caa 4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

a.

The delay of 2 days in filing the Appeal from Order is condoned.

b.

Civil application stands disposed off accordingly.

c.

The Applicant is directed to serve the papers and proceeding of the appeal memo along with annexures to the learned counsel for Respondent Nos.1, 3 and 4 within 2 weeks from today.

JUDGE Basavraj G Patil 2/2