Narendra Bhikaji Patade v. M/S A.R. Constructions

17 caa 1010-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1010 OF 2014 IN APPEAL FROM ORDER (ST) NO. 28595 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Redekar for the applicant.

CORAM : K. K. TATED, J.

DATED : 27/04/2015.

P.C.:

.

Heard learned Counsel for the applicant.

Though, the respondent no.1 is duly served, no one appeared on behalf of them when the matter called out.

This Application is preferred by the defendant for condonation of 6 days delay in filing Appeal from Order challenging the oral order dated 28.08.2013 passed by the Bombay City Civil Court, Mumbai in Notice of Motion no. 3790 of 2011 in S.C. Suit No. 4874 of 2011.

Considering the submissions made by the learned counsel for the Applicant and the averments Sneha Chavan 1/2

17 caa 1010-14=.doc made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the Civil Application is allowed in terms of prayer clause (a), which reads thus:

"a) The delay of 6 days in filing the appeal from order be condoned;"

Rule made absolute accordingly. No order as to costs.

(K.K.TATED, J.) Sneha Chavan 2/2