Paramjeet Singh Saluja v. Suresh Sharma And ORS.

2023:BHC-AS:33813

54. IA 7745-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7745 OF 2023 IN FIRST APPEAL (ST.) NO.11136 OF 2023 Paramjeet Singh Saluja ...

Applicant/Appellant

Versus

Suresh Sharma And Others ...

Respondents *** Mr. Vinay J. Bhanushali a/w Mr. Abhiraj Rao and Mr. Sanmit Vaze for the Applicant/Appellant.

Mr. Ashok Singh and Mr. Pravin Singh for Respondent No.1. Mr. Shezaad Shaikh i/b Krupali Rajani for Respondent No.3. *** CORAM : NITIN B. SURYAWANSHI, J.

DATE : 6 NOVEMBER 2023 P.C.

.

This is an application for condonation of delay of 367 days in filing First Appeal challenging the impugned judgment and decree dated 16 March 2022. It is the case of Applicant that he was never served with the suit summons. Applicant states that for the first time he came to know about passing of the decree on 30 th August 2022 when the same was mentioned in the SLP filed by the Respondents. Since the parties are from Indore, some time was required to approach and engage Advocate at Mumbai and file First Appeal. It is also contended that arbitration award is already passed in the Chittewan 1/2

54. IA 7745-23.doc subject matter of the decree.

2.

Learned Counsel appearing for 1 st Respondent vehemently opposed prayer of condonation of delay by relying reply filed by 1 st Respondent. He submits that in the year 2010 itself, appearance of the Advocate on behalf of the present Applicant was filed in the suit, however, thereafter Applicant failed to attend the matter. 3.

Considering the rival submissions and reasons stated in the Interim Application, the same is allowed in terms of prayer clause (a). Delay is condoned. First Appeal be numbered. (NITIN B. SURYAWANSHI, J.) Chittewan 2/2