Karmjee Limited v. The Vaibhav Co-Operative Bank Ltd. Thr. Its Chief General Manager

ppn 1 9.caf-2235.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2235 OF 2019 IN FIRST APPEAL (ST.) NO.7767 OF 2019 ALONG WITH FIRST APPEAL (ST.) NO.7767 OF 2019 Karimjee Limited ..

Applicant/Appellant Vs.

The Vaibhav Co-operative Bank Ltd. & Ors. ..

Respondents --- Mr.Yatin R. Shah a/w Mr.Shivam Bhagwati for the applicant/appellant. Ms.Jainy Rughani i/by M/s.Vinod Mistry & Co. for the respondents. --- CORAM : R.D.DHANUKA, J.

DATE : 14th November 2019 P.C.:

.

By this civil application, the applicant seeks condonation of delay of 18 days in filing first appeal. None appears for the respondents though served. No affidavit-in-reply is filed. Learned counsel for the respondents vehemently opposed this application on the ground that the delay is not sufficiently explained.

2.

I have perused the averments made in the civil application. In my view, delay is explained in paragraph 1 in the civil application. There is no merit in the submission of the learned counsel for the respondents. The reasons recorded in the civil application are accepted.

ppn 2 9.caf-2235.19.doc 3.

Civil application is made absolute in terms of prayer clause (a). Delay is condoned as prayed. No order as to costs. 4.

Place the first appeal on board for 'Admission' on 13th January 2020.

R.D.DHANUKA, J.