Mr. Shrimant Shankar Padole v. Miss. Manisha Vishwas Salokhe

1/2 914 caf 3420 of 2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL JURISDICTION CIVIL APPLICATION NO. 3420 OF 2014 IN FIRST APPEAL (ST) NO. 24181 OF 2014 WITH CIVIL APPLICATION NO. 3421 OF 2014 Mr. Shrimant Shankar Padole .. Applicant

Versus

Ms. Manisha Vishwas Salokhe .. Respondent ...

Adv. Jayeshkumar R. Gupta i/b. Adv. Dayanand Awari for the Applicant.

Adv. Sagar Kursija i/b. T. D. Deshmukh for the Respondent No. 1.

CORAM: BHARATI DANGRE, J.

DATED : 30th AUGUST, 2019.

P.C:- 1.

Civil Application No. 3420/2014 is taken out by the applicant seeking condonation of delay of 36 days in filing the appeal, assailing the judgment dated 2nd May, 2014 passed by the M.A.C.T.,Pune in M.A.C.P. No. 64/2010.

2.

Heard the learned counsel for the applicant and Sonali Patil

2/2 914 caf 3420 of 2014.doc perused the application. The application does contain the reasons for not instituting the appeal within period of limitation and it is stated in the application that the applicant was not informed of such judgment and order being delivered and it is only when the Execution Application came to be instituted, the applicant became aware of such judgment being passed. Reason cited in the application being bonafide and not detrimental to the other side, in my view delay deserves to be condoned. Accordingly, Civil Application No. 3420/2014 is allowed. Registry is directed to register the First Appeal and issue notice to the respondent, returnable after 4 weeks.

SMT. BHARATI DANGRE, J Sonali Patil