Suresh Indu Lasers Pvt. Ltd. v. Meritt Transmission, Partnership Firm

1/2 19 IA-3098-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3098 OF 2021 IN CIVIL REVISION APPLICATION (ST) NO.19419 OF 2021 Suresh Indu Lasers Pvt. Ltd.

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Applicant

Versus

Meritt Transmission ..

Respondent ...

Mr.K.N.Kandekar for the Applicant.

Mr.Satyam N. Vaishnav with Ms.Nupur Mukherjee and Mr.Rahul Raut i/b M/s.N.N.Vaishnava & Co. for the Respondent.

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CORAM: BHARATI DANGRE, J.

DATED : 27th OCTOBER, 2021 P.C:- 1.

By the present application, the Applicant is seeking condonation of delay of 22 months in fling the Civil Revision Application.

2.

Heard learned counsel for the Applicant and the learned counsel for the Respondent/Decree Holder, who has obtained a decree in the Summary Suit and the decree is ex-parte. 3.

Perused the application. On perusal of the said application, the delay is sought to be attributed on the ground of outbreak of Covid and I am inclined to accept the explanation offered in paragraphs 2 to 4 of the application. Resultantly, delay of 22 months deserves to be condoned. M.M.Salgaonkar

2/2 19 IA-3098-21.doc 4.

Interim Application is made absolute in terms of prayer clause (a).

CIVIL REVISION APPLICATION (ST) NO.19419 OF 2021 5.

The appellant undertakes to deposit the decreetal amount in this Court as a pre-condition for hearing of the Civil Revision Application. The amount is undertaken to be deposited within a period of four weeks. Subject to the deposit of the amount, there shall be stay to the proceedings in Special Darkhast No.26 of 2020.

6.

List the Application for further hearing on 13/12/2021. ( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar