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Bombay High CourtCAS/332/2016allowed

Shri. Narayan Bapu Batwal And ORS. v. The Ghodganga Sahkari Sakhar Karkhana (Thr. Mr. Inayatullah Ayyub Momin)

2016-12-14Hon'Ble Shri Justice R.D. Dhanuka1 pages

35-cas332-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.332 OF 2016 IN SECOND APPEAL (STAMP) NO.11196 OF 2015 Narayan B. Batwal ...Applicant V/s.

The Ghodganga Sahakari Sakhar Karkhana & Anr.

...Respondents

Mr.A.S. Magdum i/b Mr.S.S. Patwardhan for the Applicant. Mr.Jaydeep Deo for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 14TH DECEMBER, 2016.

P.C. :- 1.

Learned counsel appearing for the applicant states that the respondents are served. No affidavit in reply has been filed. 2.

By this application, the applicant seeks condonation of delay of 12 days in filing the second appeal. I have heard the learned counsel for the parties and have perused the averments made in the civil application. I am satisfied that the applicant has satisfactorily explained the delay.

3.

I therefore, pass the following order :- a).

The civil application is made absolute. The delay of 12 days in filing the second appeal is condoned. No order as to costs. (R.D. DHANUKA, J.) 1/1