1. Mr. Ukesh Ratilal Pitadia And ANR. v. 1. Mr. Narendra Abheraj Baltoda And ANR.

1 18 CAC 495-14 in CRAst 21973-14.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 495 OF 2014.

Mr.Ukesh Ratilal Pithadia & anr.

.. Applicants Vs.

Mr.Narendra Abheraj Baltoda & anr.

.. Respondents.

IN CIVIL REVISION APPLICATION (St.)NO. 21973 OF 2014 Mr.Ukesh Ratilal Pithadia & anr.

.. Applicants Vs.

Subhash Ratan Chand Baltoda .. Respondent Harsha Ukesh Pitadia, on behalf of Applicant no.(1-a), present in Court.

Ms Bhavika Nemivale i/b Mr.J.P.Thakkar, for Respondents. CORAM: N.M.Jamdar, J.

Saturday 18 April, 2015 P.C :

The Applicant is present in Court. The Civil Application is taken out for condonation of delay in filing the Civil Revision Application.

In the Application it is stated that the delay is of 37 days. Reply has been filed on behalf of Respondents that the delay is not of 37 days but is of 105 days. I have perused the Application. In the Application cause made out is that the Applicant No.1a not being of sound mind, he was looked after by his wife and in the

2 18 CAC 495-14 in CRAst 21973-14.doc circumstances, there was a delay in filing the Revision application. Considering the extent of delay and the reason given therein, I am of the opinion that interest of justice would be served if the Application is allowed on imposition of costs. The delay in filing the Revision Application stands condoned. Accordingly, the Civil Application is allowed subject to the Applicants paying costs of Rs.5,000/- to the Respondents within a period of two weeks from today. The Revision Application to be listed on board for admission as per the CMIS date.

(N.M.Jamdar, J.)