M/S. Aboo Enterprises v. Ansari Abdul Rashid Abdul Hamid And ANR.

4.2205.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2205/2015 IN FIRST APPEAL (ST) NO.16673/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sajiv Sawant a/w. Abhishek Deshmukh for the Applicant Mr. Ghulam Rasool Khan for the Respondent No.1. CORAM : K. K. TATED, J.

DATE : JULY 2, 2015 P.C.:

1.

Heard. This Application is preferred by the Applicant / Defendant for condonation of 10 days delay in filing the First Appeal challenging the decree dated 08/04/2015 passed by the Bombay City Civil Court, Mumbai in L.C.Suit No.303/2007. 2.

The learned counsel for the Respondent No.1 vehemently opposed the Civil Application. He submits that the reason given by the Applicant in Civil Application do not constitute sufficient cause. Hence, there is no substance in the Civil Application. Same be dismissed with costs.

Basavraj G Patil 1/2

4.2205.15-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 read thus:

a.

this Hon'ble Court be pleased to condone the delay of 10 days in filing the First Appeal and the First Appeal be heard Office note shows that its own merits.

b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2