Mr. Ajay Dineshbhai Vaghani And ORS v. J. M. Financial Asset Reconstruction Co. Ltd. And ORS

(11)-WPST-26507-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO.26507 OF 2019 Mr. Ajay Dineshbhai Vaghani & Ors.

..Petitioners

Versus

J. M. Financial Asset Reconstruction Co. Ltd. & Ors.

..Respondents Dr. Birendra Saraf i/by VoxLaw Advocates & Solicitors, for the Petitioners.

Mr. Rohit Gupta a/w Mr. Nikhil Rajani & Ms. Jyoti Sanap i/by M/s. V. Deshpande & Co., Advocates for Respondent No.1. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 12th DECEMBER, 2019 P.C.

1] Challenge in the Writ Petition is to the order dated 11.07.2019 dismissing Appeal No.88 of 2011 reasoning that the counsel for the Appellant has not shown any interest in prosecuting the Appeal.

2] We have perused the orders passed in the Appeal filed by the Petitioners against the decree dated 18.01.2011 passed passed by DRT Ahmedabad in Original Application No.188 of 2001. There was a delay of 5 days in filing an Appeal which was condoned on 27.04.2011. The orders passed thereafter would show the reasons for the adjournments not being attributable to the counsel for the Petitioners.

BGP.

(11)-WPST-26507-19.doc.

3] We do not want to comment upon the orders passed from time to time.

4] Regretfully the Appeal filed in the year 2011 came to be deferred from time to time till 11.07.2019.

5] We have already highlighted herein-above the said deferment was not attributable to the Petitioners or their counsel. 6] Thus, we allow the Writ Petition and set aside the impugned order dated 11.07.2019. We restore Appeal No.88 of 2011 along with pending Misc. Applications filed therein which were also dismissed vide order dated 11.07.2019.

7] Counsel for the Petitioners states that the Petitioners would not seek deferment of the hearing of the Appeal when it is listed by the Registrar of learned DRAT for hearing before the bench of DRAT.

8] We bind the Petitioners to the said assurance given by their counsel to us.

9] No costs.

Digitally signed by Balaji G.

Panchal Date:

2019.12.12 17:26:42 +0530 Balaji G.

Panchal SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP.