Bombay High CourtCAF/3122/2014dismissed for noncomplying conditional order

M/S. New Bharat Traders And ORS. v. Smt. Shubnam Abdul Majid Chaudhary

2016-02-04Hon'Ble Shri Justice K.K. Tated2 pages

10 caf3122-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3122 OF 2014 IN FIRST APPEAL (ST) NO.13227 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.V.R.Tripathi for the applicant Mr.Kirit Modi a/w Mr.Jayesh Bhatt for the respondent

CORAM

: K.K.TATED, J.

DATED : 04/02/2016 PC:

Heard the learned counsel for the parties.

This application is made by defendant for condonation of 11 days delay in filing First Appeal challenging the judgment and decree dated 28.2.2014 passed by Trial Court in Summary Suit No.7063 of 2003.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

Mohite 1/2

10 caf3122-14.doc A) Civil Application is allowed in terms of prayer clause (a) which read thus:

"(a) That the delay of 11 days in filing Appeal be condoned."

B) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2