M/S. Structured Clothing Co. Pvt. Ltd. Through Its Authorized Representative Mr. Shaikh Firoz Usman v. Sri Balaji Industries

1/2 4-caf-783-2017 in fast-15826-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 783 OF 2017 WITH CIVIL APPLICATION NO. 784 OF 2017 IN FIRST APPEAL (ST) NO. 15826 OF 2016 M/s. Structured Clothing Co. Pvt. Ltd.

...Applicant Vs.

Sri Balaji Industries

...Respondent

.....

None for the Applicant / Appellant.

None for the Respondent.

.....

Digitally signed by MAMTA AMAR KALE Date:

2022.07.21 10:23:19 +0530 MAMTA AMAR KALE CORAM : SHRIKANT D. KULKARNI, J.

DATE : 20 JULY, 2022 P.C.

.

None present for the Applicant, when the matter is called out.

2.

It appears from the record that this application for condonation of delay of the year 2017 came to be listed before this Court on 22 September 2017. However, none present for the applicant and this application came to be adjourned as per CMIS Mamta Kale

2/2 4-caf-783-2017 in fast-15826-2016.doc date. Again matter was listed before this Court on 21 June 2022. However, none present for the Applicant and matter came to be adjourned to 5 July 2022. Even today, neither Applicant nor his Advocate remained present, when the matter is called out repeatedly.

3.

The continuous absence of the Applicant and his Advocate shows that the Applicant has no interest to prosecute this application for condonation of delay. This application for condonation of delay is pending since the year 2017. In these circumstances, there is no propriety to keep this application pending when Applicant has no interest to prosecute this application. Hence, civil application for condonation of delay stands dismissed for want of prosecution and accordingly disposed of. Resultantly, the application for stay also stands disposed of for want of prosecution.

(SHRIKANT D. KULKARNI, J.) Mamta Kale