Mr. Devilal C. Jain v. State Bank Of India

(14) CAF 3992-15 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3992 OF 2015 IN FIRST APPEAL (STAMP) NO. 30685 OF 2015 Mr. Devilal C. Jain .. Applicant Vs.

State Bank of India .. Respondent Mr. Jagdish Nagar I/b Jagdish Nagar & Associates for the Applicant. None for the Respondent.

CORAM : K. K. TATED, J.

DATE : 20 th MARCH, 2019.

P. C. :

1.

Heard learned Counsel Shri Nagar for the Applicant. 2.

Though the respondents are represented through Advocate, no one appeared on behalf of them when the matter called out. 3.

By this Civil Application, the Applicant-original Defendant is seeking condonation of 307 days delay in filing the First Appeal challenging the Judgment and decree dated 29.10.2014 passed by Bombay City Civil Court, Bombay in Summary Suit No. 7650 of 1998. 4.

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

(i) Delay of 307 days in filing the First Appeal is condoned. (ii) The Civil Application stands disposed of accordingly. No order as to costs.

[K. K. TATED, J.] 1/1