Gujarat Metal Rolling Mills Through Its Partner, Mr. Atul D. Shah v. The Minerals And Metal Trading Corporation Of India Limited

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2723 OF 2018 IN FIRST APPEAL (ST.) NO.11822 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Omkar Paranjape i/b Mr.A.M.Gokhale for the applicant Ms.Naseem Patrawala i/b M/s.Patrawala and Co. for the respondent CORAM : K. K. TATED, J DATE : APRIL 30, 2019 P.C.:

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Heard.

By this Civil Application, Applicant original plaintiff is seeking condonation of delay in filing First Appeal challenging the judgment and decree dated 21.12.2017 passed by Bombay City Civil Court at Bombay in Special Civil Suit No. 9488 of 1993 dismissing their Suit for refund of differential amount of 1/3

price amounting to Rs.2,31,222.87 with interest from the Respondent defendant.

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. But at the same time, they have to pay cost of Rs.5,000/- to the Respondent or their advocate on or before 15.06.2019 and place on record receipt to that effect, failing which the Civil Application shall stand dismissed without further reference to the court. Hence, following order:

a) Delay in filing the First Appeal is condoned.

b) Applicant to pay cost of Rs.5,000/-.

c) Cost to be paid to the Respondent or their advocate on or before 15.06.2019 and place on record receipt to that effect, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed of accordingly.

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(K.K.TATED, J.) 3/3