← Library
Bombay High CourtCAF/2166/2019disposed off

Smt. Manju Om Salecha Thr. Its Constituted Attorney Mr. Omprakash B. Salecha v. Pranav Securities Private Limited

2021-09-07Hon'Ble Shri Justice N. J. Jamadar2 pages

6-caf-2166-19 in fast-13474-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2166 OF 2019 IN FIRST APPEAL (ST) NO. 13474 OF 2019 Manju Om Salecha ..Applicant Vs.

Pranav Securities Private Limited ..Respondent ---- Mr. Uday P. Warunjikar, for the Applicant / Appellant. Mr. Pankaj S. Shah, for the Respondent.

MAMTA AMAR KALE by MAMTA AMAR KALE Date:

2021.09.07 15:49:50 +0530 ---- CORAM : C.V. BHADANG, J.

DATE : 7 SEPTEMBER 2021 P.C.

.

This is an Application for condonation of delay in filing the First Appeal. The impugned judgment was passed on 23 March 2018. The certified copy was applied for on 18 April 2018 and certified copy of the judgment was delivered on 18 July 2018. According to the Applicant, the certified copy of the decree was delivered on 27 July 2018. Further, according to the Applicant, the Applicant was required to obtain the copies of the plaint and certain documents for drafting of the Appeal and eventually, the Appeal Mamta Kale page 1 of 2

6-caf-2166-19 in fast-13474-19 alongwith the Application for condonation of delay came to be filed on 30 April 2019 resulting into a delay of 268 days. 2.

I have heard the learned counsels for the parties. Perused record.

3.

According to the Applicant, the delay was occasioned partly due to the fact that the Advocate who was dealing with the matter was unwell and was required to be admitted in the hospital. 4.

Upon hearing the learned counsels for the parties, I find that the Applicant has made out sufficient cause for condonation of delay.

5.

In the result, the Application is allowed. The delay is condoned. Let the Appeal be registered subject to removal of office objections.

C.V. BHADANG, J.

Mamta Kale page 2 of 2