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Bombay High CourtCAA/1180/2016disposed off

Nisha P. Jain v. Poonamchand M. Jain And ORS

2019-04-24Hon'Ble Shri Justice K.K. Tated2 pages

4- CAA1180 of 2016 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1180 OF 2016 IN APPEAL FROM ORDER (ST) No. 24419 OF 2016 Nisha P. Jain ... Applicant Vs.

Poonamchand M. Jain and Ors.

... Respondents ----- Mr. D.C. Pathak for for Applicant ----- CORAM :

SHRI K.K. TATED, J.

DATE :

APRIL 24, 2019 P.C.:

1.

Heard learned counsel Mr. D.C. Pathak for the Applicant. 2.

Though the Respondents are served, no one appeared on behalf of them when the matter was called out.

3.

By this civil application, the Applicant is seeking condonation of 13 months and 12 days' delay in filing the Appeal from Order challenging the order in Notice of Motion No. 4476 of 2013 in S.C. Suit No. 7456 of 2001.

4.

Considering the submissions made by the learned counsel for the Applicant, and the averments made in the civil application, I am satisfied that the Applicant has made out a case for allowing this Civil Application. Hence, following order:

4- CAA1180 of 2016

ORDER

(A) Delay in filing the Appeal from Order is condoned. (B) Civil Application stands disposed of accordingly. (C) No order as to costs.

[ K.K. TATED, J.] Tikam