Sunanda Sadanand Gawade v. Manohar Vinayak Chaubal (Since Deceased) Through L.R.S.

skc 13-CAC-507-14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 507 OF 2014 IN CIVIL REVISION APPLICATION (STAMP) NO. 13113 OF 2014 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Ms N. S. Moily for Applicant.

Mr. Rajesh Datar for Respondents.

CORAM : M. S. SONAK, J.

DATE : 30 JUNE 2015 P.C. :- 1] In pursuance of order dated 18 April 2015, additional affidavit has been filed by the applicant explaining the delay of 179 days in filing the CRA.

2] The reason stated in the additional affidavit is that the applicant had financial constraints and on account of the same, could not file the CRA in time.

3] The applicant in the present case, has nothing to gain by lodging the CRA beyond the prescribed period of limitation. The term 'sufficient cause' is required to be 1/2

skc 13-CAC-507-14 construed liberally, and if indeed, on account of financial constraints, there is delay which itself is not of an unreasonable magnitude, it would be appropriate to condone the delay. Therefore, despite strict opposition by Mr. Datar appearing for the respondent, the delay is condoned and the civil application is disposed of. There shall be no order as to costs.

(M. S. SONAK, J.) chandka 2/2