Uttam Kantilal Pandhi v. Gautam Kantilal Pandhi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15436 OF 2023 IN FIRST APPEAL (ST) NO. 20993 OF 2023 Uttam Kantilal Pandhi ...

Applicant V/s.

Gautam Kantilal Pandhi ...

Respondent ------------------- Mr. Shivaji Thorat, for the Applicant.

Niranjan Parekh with Ms.Sayali Puri Nair I.by Mansukhlal Hiralal & Co. for the Respondent.

--------------------- CORAM : KISHORE C. SANT, J.

DATE : 10TH JANUARY 2024.

PC:

1.

Heard the parties.

2.

This is an application seeking condonation of delay in filing the First appeal challenging the Judgment and Order of the Joint Charity Commissioner-I, M.S. Mumbai dated 13th January 2023, whereby application came to be dismissed. It is the case of the applicant though the impugned order was passed in January 2023, he could not get certified copy and the same was ready and available on 2nd February 2023. On 7th February 2023 he left for Dubai and returned to Mumbai on 10th March 2023. Thereafter, from 10th May 2023 to 15th May 2023 he was suffering from various diseases. For the reasons there 54-ia-15436-2023.doc varsha

is delay caused for filing an application.

3.

Learned Advocate for the respondent vehemently opposes the delay. The reply is also filed to the application. There is a delay of only 76 days, this Court finds that in the interest of justice same needs to be allowed with costs.

4.

In view of the above, the delay of 76 days deserves to be condoned in the interest of justice upon deposing a cost of Rs. 10,000/- to be paid to the Maharashtra State Legal Services Authorities within four weeks from today.

5.

The application is allowed in terms of prayer clause (a) as indicated above and stands disposed of.

(KISHORE C. SANT, J) 54-ia-15436-2023.doc varsha