Nansee Constructions Private Limited v. Madhavsingh Gordhandas And ORS

CAC288_17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.288 OF 2017 IN CIVIL REVISION APPLICATION (ST.) NO.6384 OF 2017 Nensee Constructions Pvt. Ltd.

...

Applicant Vs.

Madhavsingh Gordhandas and others ...

Respondents Mr. Ghanshyam Upadhyay i/b. Law Juris for Applicant. Mr. R. A. Thorat, Senior Advocate i/b. Madekar & Co. for Respondent No.1.

CORAM : R. G. KETKAR, J.

Reserved on : OCTOBER 31, 2018 Pronounced on : NOVEMBER 19, 2018 P.C. :

As the regular Court presided over by Hon'ble Mr. Justice R. D. Dhanuka has passed 'Not Before Me' order, applicant has moved this Court as per the administrative order passed by the Hon'ble the Chief Justice.

2.

Heard Mr. Upadhyay, learned Counsel for the applicant and Mr.Thorat, learned Senior Counsel for the respondent No.1. 3.

On the oral application made by Mr. Upadhyay, leave to delete rest of the respondents is granted from this C.A. as also C.R.A. as respondent No.1, being the original plaintiff, is the only contesting respondent. Hence, leave as prayed for is granted. Amendment shall be carried out within two weeks from today.

4.

This is an application for condonation of delay of 97 days in filing the C.R.A. Applicant has also prayed for stay of further proceedings in S.C.Suit No.604 of 1987 pending on the file of City Civil Court, Bombay.

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CAC288_17.doc 5.

For the reasons stated in the Application and in particular paragraphs 2 and thereof, I am satisfied that applicant has made out a sufficient cause for condoning the delay. Hence, Civil Application is allowed in terms of prayer clause (a). In so far as prayer clause (b) is concerned, the same shall be dealt separately. Office is directed to register the C.R.A., if it is otherwise ready. 6.

Civil Application is disposed of accordingly. (R. G. KETKAR, J.) Minal Parab 2/2