M/S. Globe Transport Gompany, v. M/S. Surise Lifestyle And Homes Pvt. Ltd.,

Tapadia RR/B.902 1 / 2 CAC/373 /2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 373 OF 2016 IN CIVIL REVISION APPLICATION (ST) NO. 27985 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. Simil Purohit with Ms Arpita Setti i/b M/s Wadia Ghandy & Co. Advocate for Applicants.

Mr.P.K.Dhakephalkar, Senior Advocate with Mr. J.G.Reddy, Advocate for Respondent no.1 CORAM: R.G.KETKAR, J.

DATE : 17/06/2016 PC:

1.

Heard Mr. Simil Purohit, learned counsel for the applicants and Mr.

P.K.Dhakephalkar, learned senior counsel for respondent no.1.

2.

Perusal of the trial Court's order shows that suit proceeded exparte against defendants no. 2 and 3. Applicant (original defendant no.1) is the only contesting defendant. The Courts below have decreed the suit instituted by respondent no.1-original plaintiff. In

2 / 2 CAC/373 /2016 view thereof and having regard to the fact that the delay is of 10 days, I am satisfied that the applicants have made out sufficient clause for condoning the delay. Hence, Civil Application is allowed in terms of prayer clause (a) with no order as to costs.

3.

Office is directed to register Civil Revision Application, if it is otherwise ready.

4.

List the Application for admission on 27.6.2016.

(R.G.KETKAR,J.)