Globe Accessories Pvt. Ltd. And ORS. v. Mr. Subaratra Krishna Talukdar Thr. Poa Mrs. Leena Sanjiv Madane And ANR.

OSK 902-caf-3046-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3046 OF 2016 IN FIRST APPEAL (STAMP) NO. 18324 OF 2016 Globe Accessories Pvt. Ltd. and Ors.

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Applicants/ Appellants

Versus

Subaratra Krishna Talukdar and Ors.

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Respondents Mr.Prashant P. Prabhu for the Applicants/Appellants. Mr.A.V.Anturkar, Senior Advocate i/b. Mr.Sugandh B. Deshmukh for Respondent Nos.1 and 2.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 31ST AUGUST, 2016.

P.C. :

1] Heard learned counsel for the applicants and respondents. 2] This is an application for condonation of delay of about 594 days in preferring the First Appeal. It is submitted by learned learned counsel for the applicants that the delay was on account of financial difficulties faced by the applicants in payment of the Court Fee Stamps. To substantiate this contention, reliance is placed on the "Profit and Loss Account", showing that the loss is suffered by the applicants company and as a result thereof, it is urged that sufficient cause is made out for condonation of delay. Learned counsel for the applicants has also placed 1/2

OSK 902-caf-3046-2016.odt reliance on the case of Manoharan Vs. Sivarajan and Ors. (2013) INSC 1046, wherein the Apex Court has considered this aspect of inability of the party to pay requisite Court Fee Stamps on account of financial difficulties, as sufficient cause for condonation of delay. 3] In view thereof the application for condonation of delay is allowed in terms of prayer clause (b). The appeal be registered, numbered and placed for admission in due course.

(DR.SHALINI PHANSALKAR-JOSHI, J.) 2/2