Leitner Shriram Manufacturing Ltd. (Earlier Known As Shriram Epc Ltd.) Through Mr. P.S. Mani v. Rahul Dyeing And Printing Private Ltd.

Megha 13_caf_355_2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.355 OF 2020 IN FIRST APPEAL (STAMP) NO.22990 OF 2019 Leitner Shriram Manufacturing Ltd.

...Applicant

Versus

Rahul Dyeing and Printing Private Ltd. a company

...Respondent

...

Mr. Balwant Salunkhe for the Applicant.

Mr. Balasaheb M. Jadhav for the Respondent.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 21ST SEPTEMBER, 2022.

P. C. :- 1.

By this application, the Applicant has sought to condone the delay of 3 years and 312 days in filing the appeal. The records reveal that the suit was decreed ex-parte on 04/07/2015. The Applicant thereafter filed an application under Order IX Rule 13 of CPC on 31/07/2015. Said application was rejected on 29/10/2018. The learned Judge has observed that the application was not maintainable solely on the ground that the notice of motion for filing written statement was rejected. In view of the dismissal of the said notice of Digitally signed by MEGHA S PARAB Date:

2022.09.23 17:22:05 +0530 MEGHA S PARAB motion for setting aside exparte decree, the Applicant has filed the 1/2

Megha 13_caf_355_2020.doc present appeal. The delay, if any in filing the appeal was because the Applicant was pursuing the remedy under Order IX Rule 13 of the CPC before the same Court.

2.

Considering the above facts and circumstances, the delay is condoned. The appeal is ordered to be registered after removal of office objections, if any.

3.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2