The Ruki Mahal Chs Ltd. v. Prakash L. Khatwani And ORS

903 caa1242-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1242 OF 2014 IN APPEAL FROM ORDER (ST) NO.26305 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.S.P.Kanuga i/b Mr.S.P.Nath for the applicant Mr.H.N.Walwalkar for the respondent nos.1 and 2

CORAM

: K.K.TATED, J.

DATED : 11/02/2015 PC:

Heard the learned counsel for the parties.

This application is for condonation of 54 days delay in filing Appeal from Order.

The learned counsel for the respondent nos.1 and 2 submits that they have no objection if delay is condoned.

Though respondent no.3 is duly served, no one appeared on behalf of them when the matter was called out.

Considering the submissions made by the learned counsel for the Applicant, the averments Mohite 1/2

903 caa1242-14.doc made in the Application and as no objection is given by advocate for respondent nos.1 and 2, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

A) Civil Application is allowed in terms of prayer clause (a) which read thus:

"(a) this Hon'ble Court be pleased to condone the delay of 54 days in filing the present Appeal and the Appeal be heard on merits."

B) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2