The Bombay Dyeing And Manufacturing Company Limited v. Mr. Gorej B. Bjarthiania

Sherla V.

caf.3183.2015_906.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3183 OF 2015 IN FIRST APPEAL st. NO.23031 OF 2015 The Bombay Dyeing & Manufacturing Company Ltd.

... Applicant Vs.

Godrej B. Bharthania ... Respondent Mr.G.S. Godbole i/b Negandhi Shah & Himayatullah for the Applicant Mr.S. Barucha with Mr.A.K. Gopalan i/b M/s.Haresh Mehta & Co. for Respondent CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 30th OCTOBER, 2015 P.C.:

1.

The amendments are carried out by the appellant and now the legal representatives of the present respondent are brought on record and the appearance if filed on behalf of the respondents. 2.

There is a delay of 58 days in filing the appeal. The learned Counsel for the applicant submits that there was a confusion in respect of appeal period as under the Limitation Act, the period is 90 days for filing first appeal and as per the provisions of the City Civil Court Act, it is 30 days. Therefore, the delay of 58 days has been caused. 3.

The learned Counsel for the respondent has opposed the application. However, in view of the submissions and sufficient cause 1 / 2

caf.3183.2015_906.doc made out, the delay is condoned. Appeal be numbered. 4.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2