Mumbai Fire Brigade v. M/S. Electronic Lab

1 84.4103.18 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4103 OF 2018 IN FIRST APPEAL (ST) NO. 23895 OF 2018 Mumbai Fire Brigade .....Applicant V/s.

M/s. Electronic Lab .....Respondent Mrs. Madhuri More for the applicant None for the respondent CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard the learned counsel for the applicant. Though the respondent is duly served, no one appeared on behalf of them, when the matter is called out.

By this Civil Application, applicant is seeking condonation of 250 days delay in filing First Appeal challenging the Judgment and

2 84.4103.18 caf.doc Decree dated 13/11/2017 passed by City Civil Court, Bombay in L.C. Suit No. 3386 of 2008.

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

(I) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That this Hon'ble Court be pleased to condone the delay of 250 days and the Memo of Appeal be taken on record and heard on merits." (II) No order as to costs.

[K. K. TATED, J.]