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Bombay High CourtCAA/930/2014disposed off

Maharashtra Industrial Development Corporation v. Neela K. R. Somrajan And ANR

2015-03-10Hon'Ble Shri Justice K.K. Tated2 pages

5-caa-930-2014.doc FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.930 OF 2014 IN APPEAL FROM ORDER (ST.) NO.20258 OF 2014 __________________________________________________________________ Office Notes, Office Memorandum of Coram, Appearances, Court's or Court's or Judge's orders directions and Registrar's orders.

__________________________________________________________________ Mr. Prashant Chawan a/w. Mr. N. Vora, Mr. Meet Vora i/b. M/s. Navdeep Vora & Associates, for Applicant/Defendant No.1.

Mr. Abhijeet Singh i/b. Mr. A.R. Mishra for Respondent No. 2.

CORAM :

K.K. TATED, J.

DATE :

10-03-2015 ****** P.C.:

.

Heard learned counsel for parties.

2] This application preferred by Defendant No. 1 for condonation of delay of 267 days delay in filing Appeal from Order challenging the order dated 16-092013 passed by the Bombay City Civil Court, Bombay in Notice of Motion No. 94 of 2013 in S.C. Suit No. 22 of 2013.

Vishal 1/2

5-caa-930-2014.doc 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. Hence, the following order.

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

"(a) The delay of 267 days in filing the above Appeal From Order against the judgment and order dated 16-09-2013 passed by the learned Judge, City Civil Court, Dindoshi, Mumbai in Notice of Motion No.

94 of 2013 in Suit No. 22 of 2013 be condoned and the above Appeal be heard on merits.

B] Civil Application stands disposed of accordingly.

(K.K. TATED, J.) Vishal 2/2