M/S. Amber Processors v. M/S. Sunita Chemicals

sg 1/2 cas1481-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1481 OF 2016 IN REJECTED CASE NO.564 OF 2014 M/s. Amber Processors ...Applicant/Appellant vs.

M/s. Sunita Chemicals

...Respondent

....

Mr. Rohit Pande, for the Applicant.

None for the Respondent.

.......

CORAM : S.C. GUPTE, J.

DATED : 20 JANUARY 2017 P.C. :

.

This Civil Application seeks recall of a dismissal order passed in Civil Application No.1212 of 2013. That application was for condonation of delay of 2 years and 158 days in filing the present Second Appeal. That Civil Application was dismissed for non-payment of bhatta charges. Though there is a delay in taking out the present Civil Application, for the reasons stated in the Civil Application, a lenient view is taken and the dismissal order passed in Civil Application No.1212 of 2013 is recalled and set aside and the Civil Application is restored on board. Civil Application to come up for orders on 3 February 2017. The Applicant shall effect a private service of the Civil Application along with

sg 2/2 cas1481-16.doc the Second Appeal on the Respondent and file an affidavit of service by the next date.

( S.C. GUPTE, J. )