M/S. Mirchi Technologies Limited v. M/S. Gujrat Heavy Chemicals Ltd.,

30.2936.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2936/2014 IN FIRST APPEAL (ST) NO. 16020/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rupesh T. Padwal for the Applicant Mr. B. K. Bali i/b. B. K. Bali & Associates for the Respondent No.1.

CORAM : K. K. TATED, J.

DATE : FEBRUARY 22, 2016 P.C.:

1.

Heard. This Application is made by the Defendants for condonation of 61 days delay in preferring the appeal challenging the judgment and decree dated 08/01/2014 passed by the Bombay City Civil Court, Mumbai in S.C.Suit No.6476/2004 (High Court Suit No.827/2004).

2.

The learned counsel for the Respondent vehemently opposed the Civil Application. He submits that the Applicant has not shown sufficient cause for condonation of delay. Hence, there is no substance in the Civil Application. Same be dismissed with costs.

Basavraj G Patil 1/2

30.2936.14-caf 3.

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.

4.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (a) which reads thus:

(a) The delay of 61 days to file present appeal be condoned in the interest of justice. b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2