Mr. Mohd. Mohsin Khaliq Qureshi v. Bethlehem Premises Chs Ltd.

942.caf.751.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.751 OF 2019 IN FIRST APPEAL (ST) NO.3983 OF 2019 Mr. Mohd. Mohsin Khaliq Qureshi .. Applicant

Versus

Bethlehem Premises CHS Ltd .. Respondent Mr. Manish Kale a/w Mr. Sagar Joshi for applicant. Ms. Vrushali Kabre I/b Sheetal Malvankar for respondent.

CORAM:

K.K. TATED, J.

DATED :

MARCH 14, 2019.

P.C. :

Heard learned Counsel for parties.

2.

By this Civil Application, applicant/original defendant is seeking condonation of 18 days delay in filing First Appeal. 3.

On the other hand the learned Counsel appearing on behalf of respondent vehemently opposed the present Civil Application. She submits that applicant has not shown sufficient cause for condonatin of delay. Hence, there is no substance in the present Civil Application and same to be dismissed with cost. 4.

Considering the submissions made by learned Counsel for the applicant, averments made in civil application, I am satisfied that the applicant has made out case for allowing this Civil Application. Hence, following order :- S.C.Magar

942.caf.751.2019.doc a) Civil Application is allowed in terms of prayer clause (a), which reads thus :- "(a) the delay of 18 days in filing First Appeal be condoned and the first appeal be heard on merits;"

b) Civil Application stands disposed of accordingly. c) No order as to costs.

(K. K. TATED, J.) S.C.Magar