H. D. Shah (Huf), Through Karta And Manager Shri Hemant D. Shah v. C. D. Shah (Huf), Through Its Karta And Manager Shri Chittaranjan D. Shah And ORS

20 caa 1011-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1011 OF 2014 IN APPEAL FROM ORDER (ST) NO. 18057 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. Riaz Chagla a/w Mr. H. Kadiani i/b Juris Consoillis for the applicant.

CORAM : K. K. TATED, J.

DATED : 23/03/2015.

P.C.:

.

Heard learned Counsel for the applicant. None for the respondents, though duly served.

The learned counsel for the applicant undertakes to file their affidavit-of-service within one week from today. Undertaking is accepted. This application is preferred by defendant no.1 for condonation of 23 days delay in filing Appeal from Order challenging the order dated 08.05.2014 passed by Bombay City Civil Court at Bombay in Notice of Motion no. 3087 of 2013.

Considering the submissions made by the Sneha Chavan 1/2

20 caa 1011-14=.doc 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.

Hence, the following order:

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

"a) The delay of 23 days in filing the Appeal be condoned and the office of this Court may be directed to number the Appeal."

ii) Civil Application is disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2