Shreenath Enterprises Thr.Its Proprietor Prashant Upadhyay And ANR. v. Swastik Oil Products Mfg. Co. Pvt. Ltd., Mumbai Thr.Director Mrs.Sanat Rathod

(45)-IA-14567-23.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.02.12 18:24:55 +0530 BALAJI GOVINDRAO PANCHAL CIVIL APPLICATION NO.14567 OF 2023 IN FIRST APPEAL STAMP NO.26716 OF 2022 Shreenath Enterprises & Anr.

..Applicants/Appellants

Versus

Swastik Oil Products Mfg. Co. Pvt. Ltd. ..Respondent Dr. Suneet Gupta, for the Applicants/Appellants. Ms. Seema Chopda a/w T. R. Yadav, for the Respondent. CORAM : KISHORE C. SANT, J.

DATE : 9th FEBRUARY, 2024 P.C.

1.

This Application is filed seeking condonation of delay caused in filing the Appeal. Delay is of 38 days. 2.

The delay is vehemently opposed by the learned advocate for the Respondent.

3.

However, the delay is of only 38 days. The reasons stated in the Application in paragraph 5 are that the learned advocate was wrongly under impression that limitation is of 90 days as per Article 116(2) of the Limitation Act. However, it was realized that the limitation for the purpose of filing this Appeal is 30 days in view of Section 15(2) of the Bombay City Civil Court Act, 1948. It BGP.

(45)-IA-14567-23.doc.

appears that the reason is bonafide. No case is made out to show that delay is deliberate or malafide.

4.

The Application is therefore allowed. Delay is therefore condoned.

5.

Office to register the First Appeal.

[KISHORE C. SANT, J.] BGP.