Arun Kumar Mussaddy Thr. Coa. Arun Kumar Mussaddy And ANR v. M/S. Ansal Housing And Construction Limited And ORS

osk 29-caa-1050-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1050 OF 2019 IN APPEAL FROM ORDER (ST.) NO. 4537 OF 2019 Arun Kumar Mussaddy & Anr.

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Applicants/Appellants V/s.

M/s.Ansal Housing and Construction Limited & Ors.

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Respondents ----- Mr.Kezer Kharawala i/b. Lex Juris for Appellants. CORAM : A.S. GADKARI, J.

DATE : 17th December 2019.

P.C. :

1] This is an application for condonation of delay of 1392 days in filing the present Appeal From Order.

2] Learned counsel for the applicants submitted that, in pursuance of Order dated 5th November 2019, the applicants have served the respondents by substituted service i.e. by publication of notice in newspapers. He further submitted that, the said notices were published in Marathi as well as English newspaper and an Affidavit of Service dated 9th December 2019 is filed on record.

Despite service none appears for the respondents. 1/2

osk 29-caa-1050-2019.odt 3] Perusal of application would indicate that, sufficient cause is made out for condonation of delay.

4] In view thereof, delay is condoned and the Application is allowed in terms of prayer Clause (a).

[A.S. GADKARI, J.] 2/2