Abhishek Gupta Through Constitutted Attorney Yogesh Manikpuri v. Mileage Logistics Pvt Ltd. Represented Through Mr. Nilesh Ramchandra Jadhav

by MULEY SHUBHAM PRAVINRAO Date:

2023.10.10 12:27:13 +0530 1 IA-14109-2023.doc MULEY SHUBHAM PRAVINRAO

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14109 OF 2023 IN COMMERCIAL FIRST APPEAL (L) NO. 8251 OF 2023 Abhishek Gupta ... Applicant In the matter between Abhishek Gupta ... Appellant V/s.

M/s. Mileage Logistics Pvt. Ltd.

... Respondent Mr. Vedchetan Patil for Applicant.

Mr. Ankit Tripathi a/w R. S. Tripathi for Respondent. CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE : 6th OCTOBER, 2023 P.C. :

1.

The present Interim Application seeks condonation of delay of 41 days in filing of the captioned Commercial First Appeal. This Court had, on 10th August, 2023, issued notice to the Respondent.

2.

Today, Mr. Tripathi has entered appearance on behalf of the Respondent and opposes the condonation of delay on the Shubham 1/2

2 IA-14109-2023.doc ground that the Applicant, though aware of the impugned order, did not take adequate steps within the prescribed time. 3.

We have heard learned counsel and find that the delay in the present case is not inordinate and of such nature that ought to deprive the Applicant of an opportunity of having their Appeal heard on merits. Additionally, we find delay has been sufficiently explained and the late filing thereof can be compensated by way of costs.

4.

At this stage, leanred counsel for the Respondent submits that costs may in fact be paid to the Maharashtra State Legal Services Authority. Hence, for the reasons aforestated, the Interim Application is allowed in terms of prayer clause (a), which reads as under;

"a. Be pleased to condone the delay of 41 days in filing of the present First Appeal."

5.

The Applicant to within a period of two weeks from today make payment of sum of Rs.2,500/- to Maharashtra State Legal Services Authority and furnish proof of compliance of this order to the Registry.

6.

Interim Application is accordingly diposed of. (ARIF S. DOCTOR, J.) (CHIEF JUSTICE) Shubham 2/2